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DANQUAH V. TIMBER & TRANSPORT CO LTD.

(1971) JELR 67561 (CA)

Court of Appeal  •  12 Jul 1971  •  Ghana

Coram
APALOO J.S.C,JIAGGE JA,SOWAH J.A.

Appearances
JOE REINDORF FOR THE APPELLANT; DR. A. K. FIADJOE FOR DR. EKOW DANIELS FOR THE RESPONDENTS.

Judgement

SOWAH J.A.

This is an appeal from the decision of the Circuit Court, Sekondi, dismissing the plaintiff-appellant’s (hereafter referred to as the appellant) claim for goods sold and delivered and allowing the counterclaim of the defendant-company-respondent (hereafter referred to as the respondents) in respect of damages for breach of contract and conversion of logs delivered to the respondents and subsequently sold by the appellant to other purchasers. The damages awarded were N¢1,732.65 for the breach and N¢200.00 for the tort of conversion.

The appellant being dissatisfied with the judgment has appealed to this court and the only ground of appeal was: “Judgment was against the weight of the evidence,” though, in my view, the appeal itself raised a few legal issues. Counsel, however, under this blanket ground, argued these legal grounds.

The parties to this appeal entered into an agreement on 15th March 1968, whereby the appellant agreed to supply, export and sawmill logs produced from…

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