JEBSSEN & JESSSEN VS SAVANNAH PROCESSING & PLANTATION INDUSTRY LTD
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SHEILA MINTA
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a dispute between a Plaintiff who supplied heavy-duty equipment to the Defendant and is seeking recovery of the principal amount, interest, and damages for breach of contract. The Defendant claims the equipment was defective, incurred repair costs, and has counterclaimed for damages. The court held that the Plaintiff is entitled to the principal amount, interest, and costs, as the Defendant failed to prove the equipment was defective and did not meet the burden of proof for their counterclaim.
INTRODUCTION
A request was made by the Defendant Company sometime in January 2014 to the Plaintiff for the supply of heavy-duty equipment to it.
The said equipment ordered were supplied to the Defendant Company with an accompanying invoice and Bill of Lading by the Plaintiff.
The Defendant took delivery of the said equipment.
And according to the Plaintiff, till date the Defendant has failed to liquidate its indebtedness of US$1, 134, 000. 00 for the equipment received by the Defendant.
By the Defendant’s case the said request was made and the said equipment supplied by the Plaintiff but same were inferior in quality and had technical faults which cost the Defendant over US$520, 000. 00 to put them in working condition.
It is the Defendant’s story that these challenges caused it to incur losses in the sum of GHS500, 000. 00 in its operations and also counterclaimed against the Plaintiff for GHS950, 000. 00. SUMMARY OF PLAINTIFF’S CASE The Plaintiff subsequent to the request of the Defendant supplied to it a Caterpillar 320D Hydraulic Excavator, a Caterpillar 980H 4X4 Wheel Loader and Caterpillar 140 4X4 Motor Grader (Caterpillars) at the total price of US$1, 134, 000. 00. Pursuant to the supply of these equipment proforma invoices with contract No. 300004055 and No. 91005133 together with the General Terms of Sale and Bill of Lading No. VSPO13ANTTEA0004 and proforma invoice were issued Defendant and payment was to be made 180 days after date of invoice.
This amount according to the Plaintiff remains outstanding and unpaid since the Defendant has refused to pay.
Hence this Writ for the following reliefs against the Defendant: -a. Recovery of the principal amount of One Million, One Hundred and Thirty-Four Thousand United States Dollars (US$1, 134, 000. 00) owed by the Defendant to the Plaintiff.
b. Interest on the principal amount of One Million, One Hundred and Thirty-Four Thousand United States Dollars (US$1, 134, 000. 00) at the prevailing commercial bank interest rate from 19th July 2014 till date of final payment.
c. General damages for breach of contract.
d. Costs.
SUMMARY OF DEFENDANT’S CASE The Defendant’s testimony is that it approached the Plaintiff for the supply of the said equipment in 2014 worth GHS134, 000. 00 to augment its construction works.
According to the Defendant the said equipment were received in 2014 but could only use the heavy equipment after expending some amount of money to transport and fix same.
The Defendant’s