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ADU ACHEAMFOUR V. PHILIP AMPONSAH ANARFI AND MADAM BIMPOMAA

(2018) JELR 65130 (CA)

Court of Appeal  •  SUIT NO: H1/66/2017  •  15 Oct 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Judgement

JUDGMENT

WELBOURNE, JA

This is an appeal against the judgment of the High Court, Commercial division, Kumasi dated 28th April, 2016.

The facts are that the Plaintiff/Respondent is a businessman who imports second hand goods and lives in Ash-Town, Kumasi whilst the Defendants/Appellants are a married couple and traders who live at KronumKwapra, Kumasi.

It is the case of the Plaintiff/Respondent that the Defendants/Appellants ordered some children’s second hand clothes from him. In furtherance of that request, he imported 424 bales of second hand children’s clothes to Ghana in January, 2013. The Plaintiff/Respondent then supplied the whole of the bales to the 1stDefendant/Appellant in his rented warehouse at Kentinkrono,a suburb of Kumasi.

After inspection, the Defendants/Appellants accepted the delivery. When it came to the price for the goods, the Plaintiff/Respondent quoted an initial fee of GH₵850.00 per bale. These were along the line reduced to GH₵670.00. Where upon they made part paym…

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