ASHDEN TRADING PTY LTD V. SAMARTEX TIMBER & PLYWOOD CO. LTD

BARBARA ACKAH-YENSU, JA

This is an appeal against the judgment of the Commercial Division of the High Court sitting in Sekondi and dated 13th March, 2013.

A summary of the Plaintiff/Respondent’s case is that pursuant to a contract between the Parties, the Plaintiff/Respondent between July and December 2009, purchased five (5) containers load of plywood (Chenchen and Ceiba) from the Defendant/Appellant at a total cost of US$148,801.48 (AUD 183,705.55).

Plaintiff/Respondent who required the goods for sale to the construction industry specifically indicated the quality grading of the goods to be B/BB and better grading. They also provided specific additional requirements and/or specifications for each order. It was the further case of the Plaintiff/Respondent that it was an implied condition of the said contract and the Defendant/Appellant thereby warranted that the goods would be of merchantable quality. In breach of the contract and the said condition and warranty, the goods delivered by …