JUDGMENT
ADJEI, J.A.
This appeal is against the judgment of the High Court (Commercial Division) delivered on 29th November, 2010. Both parties are dissatisfied with the said judgment and each of them is praying for the judgment to be set aside but on different grounds. However, the plaintiff failed to file its Notice of Variation of judgment within time and same was struck out. The brief facts of the case were that the parties herein were trading partners. The plaintiff is a registered external company engaged in the export of goods into Ghana for sale to its customers. The defendant was one of the plaintiff’s customers. As per their terms of trade, the plaintiff sent the defendant inspection pictures of the goods to be shipped to it and upon confirmation by the defendant, the goods were shipped. As per the terms of the trade, the defendant was required to pay for the goods of its orders when the goods arrived at the Tema Port. The defendant would then go to its bankers; Merchant Bank …