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EASTERN ALLOYS COMPANY LIMITED V. SILVERSTAR AUTO LIMITED

(2018) JELR 65119 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/55/2017  •  9 May 2018  •  Ghana

Coram
AKUFFO (MS) CJ (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, YEBOAH JSC,BAFFOE-BONNIE JSC

Judgement

JUDGMENT

ADINYIRA (MRS), JSC

FACTS OF THE CASE

The Plaintiff/Appellant/Appellant (Appellant), Eastern Alloys Company, a limited liability company, incorporated under the laws of Ghana, primarily engaged in the processing and production of aluminum products and also engaged in haulage, was a defendant in an earlier suit numbered RPC/268/07, before the High Court (Commercial Division), Accra; whilst the Defendant/Respondent/Respondent (Respondent) Silver Star Auto Ltd, a limited liability company, incorporated under the laws of Ghana, engaged in the sale and servicing of Mercedes-Benz vehicles and spare parts, was the plaintiff in the said suit.

The claim in the earlier suit was for an outstanding balance of money, owed by the appellant, in respect of workshop services rendered by the respondent on Benz trucks, it sold to the appellant. The appellant filed a defence and counterclaim. The dispute was settled at the pre-trial settlement stage and a consent judgment was duly entered on 30 Janu…

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