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JUDGMENT
By an amended Writ of Summons sealed at this Registry on the 12th February, 2020,
the Plaintiffs herein viz:- Dormakaba South Africa PTY Ltd and Dormakaba Kenya
Ltd sued the Defendants, Ace Cladding Systems Ghana Ltd and Mounib Rammal for
the following reliefs:-
“a. The recovery of the sum of ZAR 1, 927, 766.98 or its cedi equivalent being the
outstanding balance in respect of goods supplied by the 1st Plaintiff to the
Defendants.
b. Interest on the aforesaid ZAR 1, 927, 766.98 or its cedi equivalent from the
due date for payment to the date of final payment.
c. The recovery of the sum of KES713, 293.43 or its cedi equivalent, being the
outstanding balance in respect of goods supplied by the 2nd Plaintiff to the
Defendant.
d. Interest on the aforementioned KES 713, 293.43 or its cedi equivalent
from the due date to the date of final payment.
e. Damages
f. Cost inclusive of legal fees calculated at 13% of the respective principal
sums claimed”.
In the said Writ of Summons, the Plaintiffs described themselves as Limited Liability
Company incorporated in the Republic of South Africa and Kenya respectively and
engaged in the business of the supply and installation access solutions and related
services.
The 1st Defendant was also described as a Limited Liability Company incorporated
under the laws of the Republic of Ghana whilst the 2nd Defendant is equally described
as the lawful representation of the 1st Defendant Company, holding himself out to the
whole world as such and acted at all material times as the directing and controlling
mind and alter ego of the 1st Defendant company. It is the case of the 1st Plaintiff that
between the 17th of January, 2017 and 29th October, 2018, the 2nd Defendant acting for
and on behalf of himself and for the 1st Defendant engaged in various transactions for
the sale of a variety of door systems and accessories for the Ecobank Head Office
project in Accra. The details of the said transactions are as captured in paragraph 6 of
the Plaintiff’s Statement of Claim and as follows:
NO. DATE INVOICE NUMBER INVOICED SUM (R)
1. 17th January, 2017 3100156619 95, 710.20
2. 26th January 2017 3300001897 15, 880.00
3. 17th February 2017 3100162497 9, 285.60
4. 22nd February 2017 3300001961 150, 000.00
5. 2nd March 2017 3300001921 18, 289.20
6. 14th March 2017 3100167960 729.70
7. 14th March 2017 3100167953 40, 827.65
8. 14th March 2017 3100167959 799.25
9. 29th March 2017 3100171788 563, 340