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DOMINS FISHERIES LTD. V. BREMEN-VEGESACKER FISCHEREI

(1973) JELR 64311 (HC)

High Court  •  25 Jul 1973  •  Ghana

Coram
ABBAN J.

Judgement

ABBAN J.: The claim of the plaintiffs, as amended, is for

(a) a declaration that the defendants have by a contract sold to the plaintiffs a fishing motor vessel called The Paderborn now lying at Tema Fishing Harbour,

(b) an order for specific performance of the said contract, and

(c) general damages for loss of use; or in the alternative, damages for breach of contract and refund of the deposit paid by plaintiffs to the defendants towards the purchase of the vessel, plus interest at the rate of ten per cent per annum.

The defendants are a foreign company and they own the motor vessel, called The Paderborn. The vessel was brought to Tema Harbour apparently for fishing under the management of two Europeans — Tandorf and Grunther Thomas. While in Ghana these two gentlemen, on behalf of the defendants, tried to sell the vessel to a Ghanaian company called Eben Fisheries Ltd., and it appears they allowed the directors of this company, or some persons connected with it, to operate the vessel…

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