[2025]DLCA18396 • March 20, 2025 • Court of Appeal
BORIS B. FARMS & VET. SUPPLIES vs. BEACON HILL INDUSTRIES LTD.
The Respondent, an agribusiness company, supplied animal feed to the Appellant, a fish feed producer under the government's One District One Factory program. The Appellant failed to pay for the supplied goods, leading to a claim for recovery of GH¢8,134,614.84 plus interest and damages. The Appellant counterclaimed alleging duress and undue influence in agreements concerning interest rates and sought to rescind the Transaction Payment Agreement dated October 4, 2022.
read moreJUDGMENT MENSAH-DATSA, JA. This is an interlocutory appeal by the Defendant/Appellant (hereafter referred to as Appellant) against the ruling of the High Court, (Commercial Division) Kumasi dated 13th May, 2024 in favour of the Plaintiff/Respondent (hereafter referred to as Respondent). The said ruling refused an objection raised by Counsel for the Appellant regarding the admissibility of two documents titled “Loan Agreement Between Boris B’s Farms & Veterinary Supplies Ltd and Beacon Hill Industries Ltd” and “Transaction Payment Agreement” and admitting same as Exhibits A and B. The grounds of appeal are as follows: a. The ruling of the High Court was against the weight of evidence. b. The trial Judge erred when he held that the documents titled “Loan Agreement Between Boris B’s Farms & Veterinary Supplies Ltd and Beacon Hill Industries Ltd” and “Transaction Payment Agreement” are exempt from the requirement of stamping under the Stamp Duty Act 2005 (Act 68...