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ASPEE PHARMACEUTICAL LTD. V. MR. OWUSU AGYEMANG

(2019) JELR 65877 (CA)

Court of Appeal  •  SUIT NO. H1/52/2018  •  25 Mar 2019  •  Ghana

Coram
MARIAMA OWUSU (MRS.) J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Appearances
ABENA BOSOMPEMAA ANTWI FOR PLAINTIFF/RESPONDENT/APPELLANT

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>MARGARET WELBOURNE (MRS.) J.A.</strong></p><p>BRIEF FACTS:</p><p>This is an appeal against the Ruling of the Circuit Court dated 7<sup>th</sup> December, 2017.</p><p>The parties became business partners from the year 2016 per an oral agreement in Kumasi. As part of their business dealings, it was agreed that after the Plaintiff/Respondent/Appellant had supplied some drugs to the Defendant/Applicant/Respondent, he should then pay for the drugs supplied to him by the Plaintiff/Applicant/Respondent, within a specified time frame; that is three months upon delivery. This agreement worked perfectly until a subsequent business transaction involving the supply and sale of drugs by the Plaintiff to the Defendant.</p><p>After the Plaintiff had supplied drugs worthThirty Nine Thousand One Hundred and Sixty-Six Ghana Cedis, Twenty-One Pesewas (GH₵39,166.21) to the Defendant on 2<sup>nd</sup> September 2016, he failed to make good his promise to pay for the cost of the drugs within the agreed specified time limit.</p><p>On 5<sup>th</sup> October, 2017, the Plainti…</p>

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