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DANIELLI CONSTRUCTION LTD V. MABEY & JOHNSON LTD.

(2006) JELR 68380 (SC)

Supreme Court  •  CIVIL MOTION NO.J4/14/2006  •  20 Dec 2006  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING),MRS. WOOD J.S.C,BROBBEY J.S.C,ANSAH J.S.C,ANINAKWAH J.S.C.

Judgement

JUDGMENT

ANSAH, J.S.C.:

The plaintiff sued the defendant for the following remedies:

“(1) The return of its piling hammer and accompanying accessories;

(2) Payment of accrued charges for hiring the said hammer;

(3) Damages for breach of contract;

(4) Damages for wrongful detention of the hammer;

(5) Damages for failing to pay for using the hammer;

(6) Damages for wrongfully to return the hammer (sic);

(7) Massive profit and interest”;

The gist of the case for the plaintiff was that it agreed to give its piling hammer and an Audi saloon car in exchange of the defendant’s Toyota Hilux pick-up and crushing machine. Whereas it honoured its obligation and delivered the equipment to the defendant, the latter failed to deliver the crushing machine to the plaintiff. The plaintiff thereafter wrote to levy charges for the use of the piling hammer.

On the other hand, the defendant denied there was any agreement to hire the equipment and asserted it was only an agreement to swap them for each other. The de…

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