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2000 LIMITED V. FRANCIS OTOO

(2015) JELR 63519 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/118/2013  •  15 Dec 2015  •  Ghana

Coram
P. K. GYAESAYOR JA (PRESIDING), I. LARBI (MRS.) JA, M. M. AGYEMANG (MRS.) JA

Judgement

M. M. AGYEMANG (MRS.) JA: In this appeal, the plaintiff/appellant (hereafter referred to alternately as the plaintiff or the appellant) prays this court to set aside the judgment of the High Court Fast Track Division, delivered on 24th day of May 2014, dismissing the claim of the appellant and entering judgment for the defendant/respondent (referred to hereafter alternately as the defendant or the respondent) on his counterclaim.

The matters antecedent to the present appeal are as follows: the appellant brought a suit at the court below alleging that it was involved with the respondent in a business transaction out of which a debt of GHC 36, 812.00 owed to it, had arisen. The said transaction allegedly came about when the parties entered into a contract on the 6th of September 2007; it was for the distribution by the respondent of the appellants goods. The transaction which was said to be in the nature of a credit sale agreement, required the respondent to pay for the goods within thir…

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