[2021]DLCA16194December 4, 2021Court of Appeal

DICKSON AGBEMAFLE vs. CHARLES NORNOO

JUDGMENT GYAESAYOR, JA This appeal emanating from the High Court, Denu is against the judgment of that court dated 21st November, 2013 and found at pages 237 to 245 of the record of appeal. For the sake of clarity the plaintiff/appellant shall be called the plaintiff while the defendant/respondent shall be called the defendant. The facts of the case are quite simple. The parties have known themselves for sometime prior to the events leading to this appeal. The plaintiff was putting up a hotel in Agbozume in the Volta Region and it became necessary for him to acquire certain items like furniture, TV sets, Kitchen equipments etc in order to run the hotel. The plaintiff proposed to the defendant who is a businessman and travels to China regularly to help him to acquire these items but the defendant refused on the grounds that he was not in that line of business. Subsequently, the plaintiff accompanied the defendant to China sometime in 2007 in the company of one Mrs. Quarshigah to ...