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SAMUEL ADAE – AMOAKO V. MR. C.K. ARHIN

(2018) JELR 69752 (CA)

Court of Appeal  •  SUIT NO. H1/58/2016  •  13 Nov 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Judgement

WELBOURNE, JA

This is an appeal from the Commercial Division of the High Court, Kumasi against the judgment of the learned trial judge; dated the 27thday of January, 2015.

BRIEF FACTS:

The Plaintiff’s case was that he entered into a contract with the Defendant for the supply of a complete stainless water filtration system and packaging machines at an agreed cost of US$22,000 which at the time was equivalent to GH₵31,000 which amount the Plaintiff paid to the Defendant.

Per his Statement of Claim the Plaintiff stated that subsequently the Defendant called him on phone after some months to inform him that the machine had arrived and that he the Defendant was on his way to the Plaintiff’s house to install same.

According to the Plaintiff, he instructed the Defendant not to send the machines to his (the Plaintiff’s) house for installation until same had been inspected by his engineer before he could take delivery of same.

However, the Defendant refused to comply with this directive and went ahe…

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