GH - TOP INTERNATIONAL ENGINEERING LTD. vs BET GHANA LIMITED

Plaintiff’s case The rental of a crane by the plaintiff from the defendant is what has brought this matter to court.

It is the plaintiff’s case that it entered into an agreement with the defendant for the installation, correction and maintenance of a tower crane for use at the plaintiff’s construction site at a total cost of fifty seven thousand United States Dollars(US$57, 000. 00) for a period of three months.

The plaintiff avers that the parties agreed that the plaintiff would pay an initial deposit of US$19, 000. 00 before the movement of the crane to the plaintiff’s site and the rest of the money being US$38, 000. 00 would be paid after the successful installation of the crane at the plaintiff’s construction site.

It is the plaintiff’s case that it paid the initial deposit of US$19, 000. 00 and spent an additional amount of twenty six thousand seven hundred and fifty Ghana cedis(GH₵26, 750. 00) to prepare the ground for the installation of the crane.

The defendant, according to the plaintiff, in accordance with the terms of the agreement, moved the crane to the plaintiff’s construction site and started installation of the crane.

The defendant however failed to complete the installation of the crane despite several reminders from the plaintiff.

The plaintiff could not use the crane for its intended purpose and it had to make an alternative arrangement in order to complete its project on schedule.

The plaintiff therefore instituted this action and claimed the following reliefs against the defendant: a. Recovery of an amount of US$19, 000. 00 and GH₵26, 750. 00 being deposit paid to the defendant and cost of preparing the grounds for the installation of the crane.

b. Interest on the amount of US$19, 000. 00 and GH₵26, 750. 00 at the prevailing commercial bank rate.

c. General damages for breach of contract.

d. Costs.

Defendant’s Case In the defendant’s statement of defence, it did not deny the existence of a contract between itself and the plaintiff for the installation, correction and maintenance of a tower crane at the plaintiff’s construction site.

It also did not deny the fact that the plaintiff paid an initial amount of US$19, 000. 00. It is the defendant’s case however that the agreement between them was for a period of six months at US$19, 000. 00 a month and that by the terms of the contract, the plaintiff was to make an initial deposit payment of US$57, 000. 00 being the rental fee for the first three months of the agreement before t