GELO MINING LIMITED. VS WEST AGGREGATES LIMITED
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff entered into a contract with the Defendant for the hire of a Caterpillar Excavator at $120 per hour, but no further payments were made after the first bill delayed. The Plaintiff terminated the contract and sought payment of $118,906, among other reliefs. The Defendant argued the agreement included more equipment and claimed payments were made with no invoices received. The court found in favor of the Defendant, concluding the Plaintiff failed to prove their claims and did not provide necessary evidence like tally cards or signed invoices. The Plaintiff's case was dismissed and costs were awarded to the Defendant.
The Plaintiff’s statement of claim discloses that it is a Ghanaian registered limited liability company engaged in the business of plant and equipment hire.
The Defendant, also a Ghanaian registered limited liability company is in the business of rock quarry.
In or about November, 2011, Plaintiff entered into a contract with the Defendant for the hire of a Caterpillar Excavator 330 BL.
The agreed rate for the said hire was One Hundred and Twenty US Dollars (US$120. 00) per each hour worked by the said excavator.
Bills were however to be issued at the end of each month and payment effected by the Defendant after any queries on the said bills had been raised and addressed.
Plaintiff says that payment for the first bill issued, delayed for almost a month even though the Defendant was by the terms of the agreement required to settle same within fourteen (14) days of receipt of an invoice.
No further payments were made by the Defendant despite its continuous use of the said excavator and in spite of the persistent demands on it to make good its indebtedness to Plaintiff.
Consequently, Plaintiff proceeded to terminate the contract.
It is the case of Plaintiff that the Defendant’s indebtedness at the time of the said termination stood at One Hundred and Eighteen Thousand, Nine Hundred and Six United States Dollars(US$118, 906. 00). However, all attempts to get Defendants to make good the said amount have till date proved futile.
Plaintiff therefore, on the 30th day of March, 2012 caused the a) An order compelling the Defendant to pay all sums owed the Plaintiff under their hire contract.
b) Interest at the commercial bank rate on the said sums owed from the time they became due until date of final judgement.
c) General damages for breach of contract.
d) Costs.
e) Any further orders as this Court may deem fit.
The Defendant for its part, contends that the Plaintiff is not entitled to its claims. According to the Defendant, the verbal agreement it entered into with the Plaintiff was in respect of two excavators and trucks.
The Plaintiff had failed to furnish any invoices as agreed but the Defendant had effected a series of payments to Plaintiff per the Plaintiff’s own instructions.
After the Defendant suffered some financial setbacks it entered into another agreement with the Plaintiff to pay Ten Thousand Ghana Cedis (GHȼ10, 000. 00) but the Plaintiff, according to the Defendant, “pulled out of the agreement”. At the close of pleadings the Parties i