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ESSUMAN & ANOR V. ABOSO GOLDFIELDS LTD

(2019) JELR 109724 (SC)

Supreme Court  •  J4/39/2019  •  19 Dec 2019  •  Ghana

Coram
BAFFOE-BONNIE, JSC (PRESIDING) GBADEGBE, JSC MARFUL-SAU, JSC DORDZIE (MRS), JSC AMEGATCHER, JSC

Judgement

JUDGMENT

THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY GBADEGBE JSC, AS FOLLOWS-:

In these proceedings, we shall for reasons of convenience describe the parties simply as plaintiff and defendant. The plaintiff claiming under and by virtue of  two agreements entered into with the  defendant relating to the haulage of tailings  that were  contained in documents tendered in evidence as exhibits B and B1 respectively, mounted the instant action before the High Court, Sekondi claiming the recovery of various sums of monetary damages for breach of contract. By the endorsement to the writ of summons, the plaintiff demanded from the court the following reliefs:

I(a) Recovery of the sum of GHȼ2,582,000.00 being the cost of tailings supplied by the plaintiff to the defendant from July 2015 to December 2015 at the defendant’s request.

(b) Interest on the said sum of GHȼ2,582,000.00 at the prevailing commercial bank rate from July 15, 2015 to the date of payment.

II (a) Recovery of the sum of GHȼ220,…

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