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AFRICAN AUTOMOBILE LIMITED v. TEMA OIL REFINERY

2021

SUPREME COURT

GHANA

CORAM

  • G.T. WOOD (MRS) CJ (PRESIDING)
  • J.DOTSE JSC
  • ANIN-YEBOAH JSC
  • P.BAFFOE-BONNIE JSC
  • B.T ARYEETEY JSC

Areas of Law

  • Contract Law
  • Evidence Law
  • Civil Procedure
  • Commercial Law

AI Generated Summary

The Supreme Court of Ghana, per J.V.M. Dotse JSC, resolved a commercial contract dispute between African Automobile Limited and Tema Oil Refinery (TOR) over a 2002 purchase order for 600,000 litres of marine mix priced at 1.63 per litre. After three tested and paid deliveries, TOR rejected the fourth, causing prolonged delays and later sought to pay under different rates in exhibit 3. The High Court entered judgment for African Automobile with multiple awards; the Court of Appeal dismissed TORs appeal, set aside special damages, reduced general damages to 350,000, ordered TOR to take delivery and pay interest from March 2006, and awarded costs. On further appeal, the Supreme Court held exhibits A and D remained binding, affirmed the general damages and interest orders, upheld the award for 540 delivery drums, and maintained costs. It only varied the Court of Appeals calculation by setting aside an additional 108,000 litres, confirming 146,000 litres outstanding. The appeal was otherwise dismissed and the Court of Appeals judgment affirmed.

JUDGMENT