MALLAM ADAMU v. SOLOMON OSEI BOATENG & ANOR
2018
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case centers on a breached sale/purchase agreement for a CAT BL 330 excavator. The Plaintiff sued to recover the amount paid, interest, and damages, while the Defendants counterclaimed for alleged contract breach and sought outstanding payments. The court determined the sale terms, finding it was a credit sale at GHC 220,000.00. It ruled in favor of the Plaintiff on several issues, including the improper capacity of the 1st Defendant and unauthorized seizure by the Defendants. Yet, both parties bore responsibility for failing the contract's full fulfillment. Therefore, the court ordered the Defendants to return the machine in working condition, and the Plaintiff to clear the outstanding amount. No damages were granted to either party, and each was to bear their legal costs.
JUDGMENT
What started as an ordinary, simple sale/purchase agreement of an excavator has now become the subject matter of the instant protracted legal battle, spanning over three legal years! In this judgment the words ‘excavator’ and ‘machine’ are used interchangeably. The Plaintiff claims against the defendants the reliefs endorsed on his amended writ of summons and statement of claim filed on 26/10/16, as follows:
a) Recovery of cash the sum of One hundred and seventy- seven thousand seven hundred Ghana Cedis (GHC 177, 700.00) being the monies the Plaintiff paid to the Defendants for the purchase of CAT BL 330 excavator from the Defendants which sale agreement was unlawfully abrogated by the Defendants.
b) Interest on the sum in relief (a) supra from 7th February, 2014 till the date of final payment.
c) General damages for breach of contract
d) Costs including solicitor’s fees.
AND/OR IN THE ALTERNATIVE
a) An order of the Honourable Court for the sale of the said CAT BL 330 excavator, the subject matter of the contract to pay off all of the Defendant’s indebtedness to the Plaintiff. The Defendants denied liability to the Plaintiff’s claims and filed an amended statement of defence and counterclaim on 30/07/2014 as follows:
b) A declaration that the Plaintiff’s actions constitute a breach of the contract of sale.
c) An order that the Plaintiff accounts for and pay to the 2nd Defendant the daily sales/income exigible on the machine for all the days the Plaintiff kept illegal possession and/or use of same when he had not paid fully for the machine.
d) An order of specific performance directed at the Plaintiff to pay the outstanding sum on the price of the machine with interest or the difference between what the Plaintiff has paid for, and the open market value of the machine as of now. In the alternative to relief (iii) above, an order that the 2nd Defendant sells the machine at a forced sale price fixed by the Honourable Court and the proceeds used to service the outstanding sum of the price of the machine as sold to the Plaintiff with interest and the “left over” balance (if any) paid to the Plaintiff.
e) Any other relief deemed appropriate by the Honourable Court.
THE PLAINTIFF’S CASE.
A summary of the Plaintiff’s case is that, in pursuit of his earth-moving equipment rental business, he approached the 2nd Defendant for the purchase of a CAT BL 330 excavator (the excavator). The agreed purchase price for an instant full payment was GHC 205,