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CAITEC MOTORS LTD. V. TOP KINGS CO. LTD.

(2018) JELR 69737 (HC)

High Court  •  CIVIL APPEAL NO.RPC/62/2015  •  31 Oct 2018  •  Ghana

Coram
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

Appearances
SHIELLA CRABBE ESQ. FOR K. BAAH ESQ. FOR THE PLAINTIFF; JOEL A. AFARI ESQ. FOR BENSON NUTSUKPUI ESQ. FOR THE DEFENDANT.

Judgement

JUDGEMENT

By a writ of summons issued on the 11th February 2015, the plaintiff company claims against the defendant company:

1. The sum of US Dollars Five Hundred and Nineteen Thousand Eight Hundred and Eleven or its equivalent in Ghana Cedis.

2. Damages.

3. Cost of this action.

4. Interest on the said sum till the day of final payment.

5. In the alternative an order for the Plaintiff to repossess the vehicles.

After entering appearance to the plaintiff’s writ, the defendant filed a statement of defence in which the defendant counterclaims against the plaintiff for:

i) A declaration that the Plaintiff misrepresented the state and nature of the Shacman trucks to the Defendant to induce it to agree and purchase 12 of the trucks.

ii) A declaration that the Plaintiff’s conduct of impounding and detaining the trucks was wrongful and illegal.

iii) An order of the court granting the Defendant loss of user for loss suffered as a result of the Plaintiff detaining the trucks over the detention period.

iv)…

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