GATCO CHEMPHARAM V. PHARMADEX (GH) LTD

JUDGMENT

Wood JA.

I agree that there is merit in this appeal and it must therefore succeed. We would be entitled for the reasons stated by my learned brother Brobbey JA to set the order aside. At this rehearing however,

I also do not think the facts justify a grant of the order for security for costs.

Consequently, in the exercise of my discretion, I would refuse the application. Accordingly the application is dismissed.

Brobbey JA. The facts giving rise to this appeal are as follows: the appellant is a company registered under the laws of Germany. The respondent is a company registered under the laws of Ghana. Both companies deal in pharmaceutical products. The appellant supplied some pharmaceutical products to the respondent. The total value of the goods supplied was US$243,520 out of which $45,000 was paid, leaving a balance of US$198,520. That balance remained unpaid after some demands. The appellant therefore sued the respondent in the High court, claiming the balance of US$198,520. T…