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FRAGA OIL GHANA LIMITED V. EVANS BEDIAKO

(2014) JELR 63740 (CA)

Court of Appeal  •  SUIT NO: H1/121/2014  •  13 Nov 2014  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), ACQUAYE J.A., DZAMEFE J.A.

Judgement

RULING

MARIAMA OWUSU, J.A:

On 7th August 2012, the High Court [Commercial Division] Accra, gave judgment for the plaintiff. The Court held among other things as follows;

“In my opinion, the Plaintiff adduced sufficient evidence to support its assertions, but Defendant did not adduce sufficient evidence in rebuttal. Neither did he adduce sufficient and credible evidence to prove his assertions. From the totality of the evidence before the Court therefore, I find that on the balance of probabilities the Plaintiff’s case is more probable than the Defendant’s. I will thus give judgment in favour of Plaintiff.

Per the terms of the Agreement any failure on the part of Defendant to comply with the terms and conditions thereof shall be tantamount to a breach of the Agreement. As stated above, Paragraph 7 of the Agreement states the terms and conditions with regard to payment for products delivered to the Defendant. I find that Defendant has breached this condition. Paragraph 8 of the Agreement pr…

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