JEBSEN & JESSEN (GMBH & CO. KG) VS TATORI CONSTRUCTION CO. LTD.

In this case the Plaintiff, a trading company registered under the laws of Germany supplied to the Defendant, also a limited liability company incorporated under the laws of Ghana, some vehicle tyres in the total sum of US$1, 135, 208. 00. This supply was made at the request of the Defendant sometime in 2014 and for which two invoices and Bills of Lading were issued with the terms of payments contained therein which required payments to be made within One Hundred and Eighty (180) days after date of issuance of respective invoices.

The said tyres were duly received by the Defendant together with the invoices and Bills of Lading but according to the Plaintiff, the Defendant has failed to honour its obligations towards it and for which a Writ of Summons and Statement of Claim was filed on 9th October, 2019 for the following reliefs: -a. The recovery of the principal amount of One Million, One Hundred and Thirty-Five Thousand, Two Hundred and Eight United States Dollars (US$1, 135, 208. 00)b. Interest on the principal amount of One Million, One Hundred and Thirty-Five Thousand, Two Hundred and Eight United States Dollars (US$1, 135, 208. 00) at the prevailing commercial bank interest rate.

c. General damages for breach of contract.

d. Costs.

On 20th January, 2020 the Defendant filed its Statement of Defence in which an admission was made that indeed the Defendant received the said tyres but added that it was agreed that payments could only be made upon receipt of payments from its corporate customers who purchase same on credit basis.

The Defendant denied owing the Plaintiff the said amount claimed but failed to provide evidence of any payments made.

ISSUES FOR TRIAL At the close of the pleadings the following issues were set down by the parties with the assistance of the Pre-Trial Judge were as follows: 1. Whether or not by the terms of the agreement between the Plaintiff and Defendant, the parties agreed to a credit sale of the vehicle tyres to the Defendant? 2. Whether or not the invoices pursuant to which the goods were supplied to the Defendant, invoices numbered 91006091 and 91006308, contained the terms of payment? 3. Whether or not the Plaintiff varied, reviewed, revised, or made changes to the terms of payment contained in the invoices pursuant to which the goods were supplied? 4. Whether or not there are other terms of payment for the goods supplied, separate and distinct from those contained in the invoices pursuant to which the goods were sup