LISS PETROLEUM LIMITED VS GENERAL SHIPPING & TRADING SERVICES LTD. & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff claimed that the Defendants breached a contract for the supply of gas oil, failing to deliver the agreed quantity and leaving an outstanding balance. The Defendants counterclaimed alleging the contract was illegal and obtained through harassment. The Court held that the burden of proof was not met by the Plaintiff, resulting in the dismissal of both the Plaintiff’s claims and Defendants' counterclaims. The Defendants’ assertion that the action was statute-barred was not upheld.
[1] INTRODUCTION[i] This matter has a murky history having been pending before this Court since 2019, even though the Plaintiff herein simply seeks the following reliefs against the Defendants: [2] RELIEFS SOUGHT BY THE PLAINTIFF a. An order for the 1st and 2nd Defendants to pay the Plaintiff cash sum of five hundred and fifty-four thousand, eighty pesewas(GH¢554, 080. 00 (sic) ), being the outstanding amount to be paid to Plaintiff.
b. An order restraining the 1st Defendant’s servants, workmen, agents and assigns from removing or sailing the 3rd Defendant Vessel.
c. Interest on the amount till time of final payment.
d. Damages for breach of contract.
e. Costs. [3] FACTS OF THE PLAINTIFF’S CASE [ii] According to the Plaintiff, on or about the 7th of June 2018, it entered into an agreement with the 1st Defendant for the supply of 324, 000 litres of gas oil at an agreed price of Gh¢3. 00 per litre.
Pursuant to the said agreement and on the following day therefore, i. e. on or about the 8th of June 2018, the Plaintiff stated it advanced a total amount of Gh¢972, 000. 00 to the Defendants, representing the full and final payment for all the 324, 000 litres of gas oil to be delivered to the Plaintiff. [ii] Under the terms of the agreement, the 1st Defendant was to deliver the products at the Tema port from the 9th to the 10th day of June 2018. The 1st Defendant however failed to deliver the products in accordance with the agreement and only supplied to the Plaintiff, 27, 000 litres of gas oil valued at Gh¢81, 000. 00. [iii] The Plaintiff, acting through its Managing Director, made the 1st Defendant aware of the breach of contract by the 1st Defendant’s failure to deliver the products and the 1st Defendant was said to have pleaded for time to supply the remainder of the products to the Plaintiff.
The 1st Defendant thus later delivered a total of 54, 000. 00 litres valued at Gh¢162, 000. 00 to the Plaintiff and also refunded an amount of Gh¢81, 000. 00 to the Plaintiff. [iv] In total, the 1st Defendant has delivered 108, 000 litres of gas oil valued at Gh¢324, 000, out of the 324, 000. 00 and for which the Plaintiff paid Gh¢972, 000. 00 to the Defendants.
Per the Plaintiff, the 1st Defendant still owes the Plaintiff an amount of Gh¢554, 080. 00 consequent to the 1st Defendant’s failure to deliver the entirety of the products agreed upon to the Plaintiff. [v] Thus, per an undertaking dated the 1st of August 2018, the 2nd Defendant was said