GH - GEORGE O. MACCARTHY & ANOTHER v. ASANKA GOLD GHANA LTD

M. WOOD (MRS), JA

The Plaintiffs/Appellants being aggrieved by and dissatisfied with the ruling of the High Court, (Commercial Division) Accra which set aside the Judgment in Default of Appearance obtained in their favour on 25th November 2020, mounted this appeal as per a Notice of Appeal dated 11th December, 2020.

The matters antecedent to the instant appeal are as follows:

The Plaintiffs/Appellants who will be referred to alternately as the Plaintiffs or Appellants on 11th August, 2020 per their Writ of Summons and Statement of Claim instituted an action against the Defendant/Respondent who hereinafter will be referred to alternately as the Defendant or Respondent. The 1st Plaintiff/Appellant is a mechanical engineer and the sole shareholder and Managing Director of the 2nd Plaintiff and shareholder of the now defunct Mining Equipment International Limited (MEI). The 2nd Plaintiff is engaged in the business of providing mining services, equipment and parts while the Defendant is a Company engaged in the business of mining. The Appellants case is that sometime in October 2016, MEI put in a bid for a contract for the supply of gearboxes to the Respondent. The Respondent placed a Purchase Order on MEI for the supply of the gearboxes. MEI instructed the Respondent to direct all outstanding payments into a new account in the name of the 2nd Appellant and paid an advance mobilization cost of One Hundred and thirty Five Thousand US Dollars ($135,000.00) to the 2nd Appellant for the supply of the gear boxes.

Dissatisfied with the Respondent’s payment to the 2nd Appellant, a shareholder and authorized representative of MEI refused to deliver the gearboxes to the Respondent. Pursuant to an agreement between MEI and the Respondent, the Respondent paid an amount of Thirty Three Thousand, Four Hundred and Forty Five US Dollars (USD 33, 445.00). Consequently, MEI issued an indemnity to the Respondent in respect of any and all liability arising from the payment of Thirty Three Thousand, Four Hundred and Forty Five US Dollars (USD 33, 445.00) to secure the release and shipment of the gearboxes. The 1st Appellant, by a letter dated 15th May 2018, demanded payment for the supply of the gearboxes albeit not personally supplying the gearboxes to the Respondent and then proceeded to institute the action.

Accordingly, the Plaintiffs claim the following reliefs against the Defendant:

(a) An order for the recovery of the sum of One Hundred and Twenty Three Thousand Nine

M. WOOD (MRS), JA

The matters antecedent to the instant appeal are as follows:

Accordingly, the Plaintiffs claim the following reliefs against the Defendant:

(a) An order for the recovery of the sum of One Hundred and Twenty Three Thousand Nine

GEORGE O. MACCARTHY & ANOTHER v. ASANKA GOLD GHANA LTD

Areas of Law

JUDGMENT