CHARLES A. NYARKO VS. BARCLAYS BANK GHANA LTD.

The respondent, a tailor trading as Diplomatic Wear Designs, sued Barclays Bank Ghana Ltd for breach of contract arising out of an arrangement in 2011 for the supply of corporate wear for the bank’s staff. He alleged that after measurements of 786 employees were supplied, prices agreed, and he had commenced performance by ordering fabric from China and sewing part of the uniforms, the bank reassigned or cancelled the contract. He claimed losses including a US$35,000 deposit paid for fabric, GH¢73,600 for sewn and damaged or unclaimed clothing and related items, interest, and general damages. The bank denied that any binding contract existed, contending that its internal procedure required a formal written contract or purchase order. Portion of judgment pointing to this: under “FACTS OF THE CASE,” especially the passages beginning “By a Writ of Summons and Statement of Claim dated 10th November 2014…” and “The allegations upon which the Respondent grounded the above reliefs are as follows…”.

This is an appeal against the judgment of the Court of Appeal dated 25th July, 2019 with reasons delivered on 24thOctober, 2019. In the said judgment, the learned Justices of the Court of Appeal affirmed the judgment of the High Court in favour of the Plaintiff/Respondent/Respondent (hereinafter referred to as “the Respondent”) dated 28th February, 2017 but varied the quantum of damages awarded by the trial judge. The Appellant invokes the appellate jurisdiction of this Court pursuant to an amended Notice of Appeal filed on 18th November, 2020 pursuant to leave granted by this Court on 12th November, 2020. FACTS OF THE CASE: By a Writ of Summons and Statement of Claim dated 10th November 2014, the Respondent, trading under the name and style of Diplomatic Wear Designs, commenced an action at the High Court (Commercial Division) Accra and sought the following reliefs against the Appellant; i. Recovery of the sum of Thirty-Five Thousand United States Dollars ($35,000.00) represe...