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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Nigerian Agricultural Co-operative Bank Limited v Ozoemelam (SC.75/2005 (NO.1))[2016] NGSC 72 (22 January 2016) (SC.75/2005 (NO.1)) [1960] NGSC 1 (21 January 2016); 
CL Index Sale of Property Sale of personal property Property Law Breach of Sale Agreement Breach of Contract Contract Law Stay of Execution Civil RemediesThe respondent bought a piece of property from a third party. After the respondent had taken possession of the property, he became aware of the fact that his predecessor-in-title had mortgaged the property to the appellant. The respondent paid off the outstanding debt and thereafter demanded the release of the title deeds to him. Instead, the appellant demanded some authorisation from his predecessor-in-title before the documents could be released to him. The respondent instituted a claim on this basis. The trial court judgment was in the respondent’s favour.
After the respondent attached the property the appellant filed an application praying for an order staying execution of the judgment, particularly the sale of the property and ordered release thereof; before hearing of the application. The trial court dismissed this application.
The appellant eventually appealed to this court asking for the same. The appellant urged this court to allow the appeal, set aside the ruling of the court below and grant an order directing the High Court to retain the amount deposited as per judgment.
This court held that the order sought to be stayed was made by the trial court and there was no appeal against that order to the Court of Appeal. That being the case, it was held that it would be a wasteful academic exercise to delve into the merit of the issue. Consequently the appeal was dismissed.
Pyne & Associates v African Motors (Civil Appeal No. J4/38/2013) [2017] GHASC 15 (27 July 2017); CL Index Sale of Goods Sale of personal property Property Law Defective Goods Condition and treatment of property Property LawThis is an appeal against the decision of the Court of Appeal that held that retention of a vehicle with defects for 11 months is equated with acceptance, transfer of property and assumption of all risks terming the repudiation of the contract of sale void.
The court considered whether the Court of Appeal erred in its interpretation of the relevant sections of the Sale of Goods Act that were relevant in this case. The court applied the rule that if a man sells an article he thereby warrants that is fit for some purpose. The court was of the opinion that the plaintiff knew why they purchased the four wheel vehicle and had the responsibility and opportunity to inspect the vehicle before accepting the sale. The court held that the defects were not latent and could have been easily detected. The court also held that the plaintiffs waived their rights by their conduct in continuing to use the vehicle after becoming aware of the defects. Accordingly, the court affirmed the decision of the Court of Appeal and dismissed the appeal.
Andreas Bschor Gmbh & Co. Kg. v Birim Wood Complex Ltd and Another (J4/9/2015) [2016] GHASC 68 (22 March 2016); CL Index Absence of Written Contract Formation and validity of Contract Contract Law Sale of Goods Sale of personal property Property Law Goods Fit For Purpose Condition and treatment of property Property Law Contract Warranty Contractual clauses Contract Law Breach of Contract Contract LawThe parties entered into a business transaction for the supply and installation of a saw-mill. However, the transaction was not covered by a properly drawn up contract. Furthermore, it became apparent that the plaintiff provided the defendant with a plant which was defective and not fit for the purpose it was intended.
This case considered whether the Court of Appeal had misdirected itself to the defects contained in the machinery, whether there was a breach of a fundamental obligation and whether the goods sold were fit for the purpose which they were intended to be used.
The court considered the Sale of Goods Act, 137 of 1962 (the act) and found that the breach of a promise under the act depends on the category of promise; either a fundamental obligation, condition or a warranty. Breach of a fundamental obligation or a condition entitles the party not in default to repudiate the contract of sale and if it is the seller who is in breach, the buyer can reject the goods. The breach of a warranty cannot lead to a repudiation or rejection of the goods but will entitle the party not in breach to damages. However, a party entitled to repudiation and rejection may waive their right and opt for damages.
The court considered whether the goods were fit for the purpose that they were provided for. The plaintiff sold the machinery in the course of its business on condition that it will be fit for the purpose of saw milling. A machine is fit for purpose if it is able to perform the task for which it was acquired, safely and for a reasonable period, before defects appear. The court found that a saw mill should not break down after 11 days of operation and therefore did not meet the standard of the purpose for which it was intended. The court found that as a result of the defect, the defendant was entitled to general damages as a result of the failure of the saw mill being fit for purpose.
Appeal upheld.
Haligah Vrs Banson (NO. J4/37/2016) [2018] GHASC 5 (31 January 2018); Disguised Sale Property Law Mesne Profits Leases and tenants Property Law Sale of Property Sale of personal property Property Law Occupancy and Possession Title to real property Property Law Transfer of Property Title to real property Property Law CL IndexThe appeal arose from judgement on a dispute of sale and ownership of property granted in favor of the respondent. The appellant alleged that the judgement of the trial court had been fraught with errors.
The first issue was whether the evidence before the court indicated a sale or was a receipt of rent. The court weighed the evidence and reasoned that as the appellant admitted to voluntarily signing the document in issue even when she was warned by the witness of the disjuncture between the discussed agreement and the written terms, the trial court was correct in finding that the evidence was a receipt for rent paid. The trial court’s finding of facts was thus upheld.
On the appellant’s second contention that the court had committed an error of law in attesting weight to an invalid agreement, the court responded that it was important for the appellant to point out the error that led to miscarriage of law. Since this had not been done, the court concluded that there was no evidence of miscarriage of justice.
Finally, the court also had to decide whether the granted mesne profits (i.e. recoverable profits gained by tenant during the period of unlawful possession of property) were too excessive. It stated that mesne profits are usually determined on the least rent payable rate during the period of dispute. The court thus reasoned that given the case’s circumstances, the trial court had not been justified to not use the least rent payable rate in its valuation. It thus varied the mesne profits award.