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EASTERN ALLOYS COMPANY LIMITED v. SILVERSTAR AUTO LIMITED

2018

SUPREME COURT

GHANA

CORAM

  • AKUFFO (MS), CJ (PRESIDING)
  • ANSAH, JSC
  • ADINYIRA (MRS), JSC
  • YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

In this Ghana Supreme Court decision, Eastern Alloys Company Limited appealed after the Court of Appeal affirmed the High Courts striking out of its 2014 suit against Silver Star Auto Ltd, a Mercedes-Benz dealer and service provider. The earlier 2007 workshop-bill litigation (RPC/268/07) between the same parties had ended with a pre-trial consent judgment in January 2008, at a time when Eastern Alloys knew of defects and had filed a counterclaim alleging losses arising from missing fixtures and downtime. The 2014 suit sought damages for breach of implied warranty of fitness and replacement value for 25 Actros trucks. Applying Order 11 Rule 18(1)(b),(d) of C.I. 47 and the Henderson v. Henderson abuse-of-process doctrine, the Supreme Court found that the matters could and should have been pursued in the earlier litigation; the consent judgment was as binding as a post-trial judgment, no special or vitiating circumstances were shown, and allowing the fresh suit would oppress successive litigation. The appeal was dismissed.