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ARMAH V. BAFFOUR

(1989) JELR 65735 (HC)

High Court  •  28 Jan 1989  •  Ghana

Coram
LAMPTEY J.

Appearances
AYIKOI OTOO FOR THE PLAINTIFF; THE DEFENDANT NOT REPRESENTED.

Judgement
<p><strong>LAMPTEY J.</strong></p><p> In this action the plaintiff, Nii Ashitey Armah, claimed against the defendant, Asare Baffour, “the sum of ¢50,000 damages for breach of an agreement and the recovery of ¢200,000 or the return of the Bedford vehicle to the plaintiff.” In due course the plaintiff with leave of the court amended the indorsement on the writ of summons and claimed as follows:</p><p><em>“(a) recovery of the sum of ¢180,000 being the balance of the purchase price of a Bedford engine H/P 500 together with a gear box sold and delivered to the defendant at his request and which he has failed to pay for despite repeated demands;</em></p><p><em> (b) interest on the said amount at the current bank rate from February 1986 to the date of payment; and</em></p><p><em> (c) damages.”</em></p><p>The defendant resisted the plaintiff’s action on the ground that he was deceived by the plaintiff into entering into that sales transaction. The statement of defence at paragraph 2 was as follows:</p><p><em>“2. The defendant admits paragraphs 3, 4 and 5 of the statement of claim but…</em></p>

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