Jinzhong Vrs Kfz & Another [2022] GHACC 85 (19 October 2022)

Jinzhong Vrs Kfz & Another [2022] GHACC 85 (19 October 2022)

The only written instrument (Exhibit A/2) is a receipt acknowledging part payment and stipulating that failure to pay the balance within 40 days results in forfeiture of both the deposit and goods. Parole evidence cannot contradict this clear term. Plaintiff failed to prove entitlement to recovery of the deposit or other reliefs.

Citation
[2022] GHACC 85
Parties
Plaintiff: Jinzhong Li; 1st Defendant: KFZ Company Ltd; 2nd Defendant: Madam Twain
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 October 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's suit dismissed
Legal Topics
Parole Evidence Rule, Privity of Contract, Interpretation of Written Instruments, Breach of Contract, Receipt as Evidence
Source Language
English
Contract Law Civil Procedure Parole Evidence Rule Privity of Contract Interpretation of Written Instruments Breach of Contract Receipt as Evidence

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Parties

Jinzhong Li

Plaintiff

KFZ Company Ltd

1st Defendant

Madam Twain

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the parties orally agreed that the plaintiff was to make an initial deposit and pay the balance after delivery of machine equipment
  2. 2 Whether delivery of goods was conditional on full payment
  3. 3 Whether plaintiff was privy to defendants’ supplier transactions

Ratio Decidendi

The only written instrument (Exhibit A/2) is a receipt acknowledging part payment and stipulating that failure to pay the balance within 40 days results in forfeiture of both the deposit and goods. Parole evidence cannot contradict this clear term. Plaintiff failed to prove entitlement to recovery of the deposit or other reliefs.

Court Disposition

Plaintiff's suit dismissed

Orders

  • Plaintiff is not granted any of the reliefs sought
  • No order as to costs