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JUDGMENT
Plaintiff Company herein initiated the present action through its Lawful Attorney, Legalstone Solicitors LLP.
Plaintiff Company’s case is that 1st Defendant Company is a Limited Liability Company in Ghana and engaged in the Business of Engineering and Logistics.
That 2nd Defendant is the Managing Director and 100% Shareholder of the 1st Defendant Company and has been sued because he used 1st Defendant Company as his alter ego to avoid his legal obligations.
That per an executed contract between the parties, Plaintiff Company agreed to supply Defendants with 13 KAMAZ Trucks and spare parts at a total price of Seven Hundred and Eighty-Six Thousand, Five Hundred and Ninety Euros (€786,590.00).
That the goods were delivered to Defendants in two (2) lots. Under lot one, a total value of goods amounting to Seven Hundred and Eleven Thousand, Seven Hundred and Fifty-Six Euros, Fifty-Four Cents (€711,756.54) (comprising 13 Trucks (KAMAZ TRUCK 6520-63) and 57 spare parts were supplied.
That under lot two (2), a total value of goods worth Seventy-Four Thousand, Eight Hundred and Thirty-Three Euros, Forty-Six Cents (€74,833.46) comprising KAMAZ Truck spare parts were shipped under the express instructions of 2nd Defendant and delivered to a subsidiary company owned by 2nd Defendant; Terra Engineering and Logistics in Monrovia, Liberia.
That the Parties under the contract agreed that payments shall be made in three instalments; and so 2nd Defendant transferred an amount of One Hundred and Seventeen Thousand, Nine Hundred and Eighty-Eight Euros, Fifty Cents (€117,988.50) via Swift transfer through Ecobank Liberia Limited in the name of Willstan Civil Mining Limited.
One Hundred and Seventeen Thousand, Nine Hundred and Eighty-Eight Euros, Fifty Cents (€117,988.50);
That Defendants have failed to make the second and third installment payments to Plaintiff Company despite repeated demands.
That Plaintiff Company in its quest to aid Defendants to be in a position to pay the outstanding amount under the contract and to expand its business in Ghana informed Defendants about arranging a deferred payment system under the auspices of the Russian Agency for Export Credit and Investment Insurance (EXIAR); which Plaintiff Company was able to secure for Defendants.
That the policy under EXIAR allowed Defendants a moratorium in case of breach of a repayment schedule an additional period of Thirty (30) days within which to make the said payment on condition that Plaintiff Co