The case of C. A. LIMITED v. ANOINTED STAR CONSTRUCTION & TRADING LTD & ANOR [TLP-SC-2026-54] irons out some creases in the law on sale of goods in Ghana and offers an expansive judicial material on the subject.

The facts of the case which travelled from the High Court to the Supreme Court on Appellate wheels concerns the sale and purchase of building materials for buildings on the external campus of the University of Education, Winneba, at Onwe in the Ejisu-Juaben Municipality of the Ashanti Region.

"The Appellant, [ANOINTED STAR CONSTRUCTION] acting through its Managing Director, approached the Respondent for the supply of building materials on credit, payment to be made within three months. The Respondent was at first reluctant. On her account, she relented only upon the 2nd Defendant’s assurance that, in the event of default, he would sell his own property to liquidate the debt. 5. Between 13th June, 2013 and 19th December, 2015 the Respondent supplied goods to the value of Gh¢908,940.00 and advanced Gh¢97,700.00 in cash. The Appellant paid Gh¢398,140.00 on account, leaving, on the Respondent’s case, an outstanding balance of Gh¢608,500.00. Repeated demands for payment having failed, the Respondent issued her writ out of the High Court, Sekondi, claiming recovery of that balance, interest at the prevailing bank rate, and costs."

Copies are available for GHS 300. To order call 0246390969

Copies are available for GHS 300. To order call 0246390969

In a brilliant analysis of the Sale of Goods Act and the jurisprudence on same, the judicially profuse Tanko Amadu, JSC who enjoyed muted concurrence from his brethren save for a voiced concurrence from the judicially agile Kulendi, JSC undertook an exposition of the law on the Sale of Goods Act, 1962 (Act 137).

In the assertive voice of Justice Tanko Amadu, "The principles that govern this dispute are, for the most part, plainly stated in the Sale of Goods Act, 1962 (Act 137), and have been applied by this court for the better part of six decades. We have nonetheless thought it useful, because the appeal touches several of the central provisions of the said Act, and because some of the arguments urged on us betrayed a measure of confusion about them, to restate the relevant law with some fullness before applying it."