Akosah Vrs Owusu [1963] GHASC 2 (5 July 1963)

Akosah Vrs Owusu [1963] GHASC 2 (5 July 1963)

The plaintiff, as an agent with a beneficial interest and responsibility for payment to his principal, was entitled to sue in his own name to recover the price of goods sold to the defendant. Evidence not objected to at trial was properly considered. The defendant was entitled to credits for certain payments, reducing the amount owed.

Citation
[1963] GHASC 2
Parties
Plaintiff/respondent: Akosah; Defendant/appellant: Owusu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 July 1963
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; judgment varied; costs reduced.
Legal Topics
Agent's Right to Sue, Liability for Price of Goods, Admissibility of Evidence, Referee's Findings, Assignment of Contract
Source Language
English
Agency Law Sale of Goods Agent's Right to Sue Liability for Price of Goods Admissibility of Evidence Referee's Findings Assignment of Contract

Case Brief

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Parties

Akosah

Plaintiff/respondent

Owusu

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether an agent is entitled to sue in his own name to recover the price of goods sold on behalf of his principal
  2. 2 Whether evidence not objected to at trial can be challenged on appeal
  3. 3 Whether the referee's findings on the nature of the transaction were correct

Ratio Decidendi

The plaintiff, as an agent with a beneficial interest and responsibility for payment to his principal, was entitled to sue in his own name to recover the price of goods sold to the defendant. Evidence not objected to at trial was properly considered. The defendant was entitled to credits for certain payments, reducing the amount owed.

Court Disposition

Appeal dismissed; judgment varied; costs reduced.

Orders

  • Judgment for the plaintiff in the sum of £G353 9s. 3d.
  • Costs in the court below reduced by 50 guineas.