Anagbo and Another Vrs Poott and Another [2004] GHACA 24 (10 December 2004)

Anagbo and Another Vrs Poott and Another [2004] GHACA 24 (10 December 2004)

The 1st defendant/appellant was an appointed commission agent and not a principal in the transaction; the 2nd defendant ordered and received the goods and admitted liability. Therefore, only the 2nd defendant is liable for the outstanding purchase price, not the 1st defendant/appellant.

Citation
[2004] GHACA 24
Parties
Plaintiff/respondent: Joe Anagbo & Another; 1st Defendant/appellant: Edna Poort; 2nd Defendant/appellant (abandoned Appeal): Another (2nd Defendant)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
10 December 2004
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed; judgment of the lower court set aside as against the 1st defendant/appellant.
Legal Topics
Commission Agency, Principal Agent Relationship, Liability for Goods Sold, Accountability of Agent, Joint and Several Liability
Source Language
English
Contract Law Agency Law Commission Agency Principal Agent Relationship Liability for Goods Sold Accountability of Agent Joint and Several Liability

Case Brief

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Parties

Joe Anagbo & Another

Plaintiff/respondent

Edna Poort

1st Defendant/appellant

Another (2nd Defendant)

2nd Defendant/appellant (abandoned Appeal)

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the 1st defendant/appellant is jointly liable with the 2nd defendant for the balance of the purchase price of goods supplied
  2. 2 Whether the 1st defendant acted as a principal or as a commission agent for the plaintiffs/respondents
  3. 3 Whether the trial court erred in holding both defendants jointly liable

Ratio Decidendi

The 1st defendant/appellant was an appointed commission agent and not a principal in the transaction; the 2nd defendant ordered and received the goods and admitted liability. Therefore, only the 2nd defendant is liable for the outstanding purchase price, not the 1st defendant/appellant.

Court Disposition

Appeal allowed; judgment of the lower court set aside as against the 1st defendant/appellant.

Orders

  • Judgment entered against the 2nd defendant alone for the claim indorsed on the writ.