JOSEPH GYENI v. BBS LOGISTICS LIMITED
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute between Joseph Gyeni and BBS Logistics Limited regarding an alleged verbal agreement for spare parts supply and vehicle repairs. The Plaintiff sought repayment and damages for breach of contract. The Defendant denied the claims, citing company policy requiring written agreements. The Court ruled in favor of the Plaintiff, noting credible evidence of previous verbal agreements and the Defendant's failure to provide substantial contrary evidence. The judgment favored the Plaintiff’s claims, awarding him costs, interest, and nominal damages for the breach.
JUDGMENT
i. Introduction
[1] The Plaintiff Joseph Gyeni commenced the instant action against the Defendant BBS Logistics Limited on April 14, 2016. The Defendant filed a statement of defence on June 7, 2016 after entering appearance and substantially denied all the claims of the Plaintiff. After the filing of the statement of defence, the Plaintiff moved the Court for Summary Judgment prior to the commencement of trial but the application was denied by the Court per its ruling dated November 9, 2016. The Writ of Summons and the Statement of Claim was amended on December 1, 2016 pursuant to the leave of the Court. The Plaintiff per the Amended Statement of Claim and the Writ of Summons asserted claims of breach of contract and repayment money for goods supplied against the Defendant and seeks damages and legal fees.
[2] As stated above, per the Amended Statement of Claim the Plaintiff is claiming against the Defendant Company the following judicial reliefs:-
1. An order directed at the Defendant to pay Plaintiff an amount of Seventy-Six Thousand, Five Hundred and Twenty Nine Ghana Cedis and Ninety Eight Pesewas (GH¢76,529.89) being the cost involved in supplying spare parts to Defendant to service its vehicles.
2. Interest at the commercial bank rate on the GH¢76,529.98) being the cost involved in supplying spare parts to Defendant to service its vehicles.
3. General damages for breach of contract.
4. Costs including of litigation and solicitors fees.
[3] A 21 paragraph Statement of Claim accompanied the writ of summons. The Defendant filed a statement of defence to substantially deny all the allegations and claims of the Plaintiff. It was averred in paragraphs 3, 4, 5, 6, 7, 9. 10 and 11 of the Statement of Defence in particular that:
3. “The Defendant denies paragraph 4 of the Statement of Claim and will say that as a matter of policy and for the purpose of accountability and for auditing purposes any business it outsource must be by a specific laid down procedure which includes being given a written notice that an agreement has been awarded.
4. In further denial that Defendant will say that every contract it gives out is governed by a written agreement that is preceded by the Managing Directors express approval for the work to be carried out.
5. Per the Company’s laid down procedure a specific request is made to the Managing Director of the Company and if it meets the required specifications then the Managing Director approves for