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YEHANS INTERNATIONAL (GH) LTD V. JACOB GBATI AND TEMA COMMUNITY ONE

(2014) JELR 65074 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/118/2013  •  26 Jun 2014  •  Ghana

Coram
JUSTICE KANYOKE (JA) PRESIDING, JUSTICE GYAESAYOR (JA) , JUSTICE MARGARET WELBOURNE (JA)

Judgement

JUDGMENT

JUSTICE MARGARET WELBOURNE, JA

This appeal is against the Judgment of the High Court Commercial Division, Accra, dated 27th March, 2012.

The Appellant is praying the court to set aside the judgment and confirm the counterclaim of the Defendant.

A summary of the facts are that at the request of the Defendant, the Plaintiff supplied to the Defendant various aluminium products at a total cost of US$157,657.11 (One Hundred and Fifty-Seven Thousand Six Hundred and Fifty-Seven United States Dollars Eleven Cents) by invoices dated 30th November, 2007, 30th May, 2008, and 23rd July, 2008, respectively.

The Defendant accepted the terms and conditions of the invoices aforesaid, and made a part-payment in the sum of US$129,993.90 (One Hundred and Twenty-Nine Thousand Nine Hundred and Ninety-Three United States Dollars Ninety Cents) leaving an outstanding balance in the sum of US$26,698.10 (Twenty-Six Thousand Six Hundred and Ninety-Eight United States Dollars Ten Cents).

The Plaintiff served …

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