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AKOSAH V. OWUSU

(1963) JELR 67803 (SC)

Supreme Court  •  5 Jul 1963  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, CRABBE JSC, AKUFO-ADDO JSC

Judgement

AKUFO-ADDO J.S.C.: The plaintiff was at all material times a storekeeper at Koforidua for Messrs. Commonwealth Trust Ltd. which has now ceased to exist, having been absorbed into the Ghana National Trading Corporation. The defendant is a timber contractor living at Tafo.

Some time in 1958 the defendant finding himself in financial difficulties approached the plaintiff for help. So much is admitted on both sides, and the claim in the action in this appeal arose out of that circumstance.

The plaintiff’s claim endorsed on a specially endorsed writ was “for the sum of £G 1,443 9s. 8d. money payable by the defendant to the plaintiff for money paid by the plaintiff to Commonwealth Trust Ltd. at the defendant’s request for goods sold and delivered to the defendant from about the 6th November, 1958, to about the 31st January, 1959.” It is a somewhat clumsily worded claim; no application was made for summary judgment, but the defendant delivered a defence in which he pleaded as follows:

“1. That …

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