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EVANSPENNY INDUSTRIES CO LTD AND ANOTHER V. TECHNO-CHEM ASSOCIATES (GH) LTD

(1993) JELR 69451 (CA)

Court of Appeal  •  17 Jun 1993  •  Ghana

Coram
LAMPTEY JA, ADJABENG JA, LUTTERODT JA

Appearances
KWAKU BAAH WITH HIM CHARLES OFORI FOR THE APPLICANTS; SAMMY ADDO FOR THE RESPONDENT.

Judgement

LUTTERODT JA. On 3 March 1992 the plaintiff-company took out a writ of summons against the two defendants jointly and severally for the following reliefs:

“(a) The sum of ¢54,500,000, the equivalent of 136,250 US dollars at the rate of ¢400 to $1 as at 24 September 1991, being the value of 5,000 cartons of pilchards in tomato sauce which the plaintiffs imported for the defendants.

(b) The sum of ¢2,000,000 offered by the defendants in lieu of insurance guarantee bond.

(c) The sum of ¢20,000,000 raised by the plaintiffs at the request of the defendants for the customs duties and other expenses involved in the clearance, transportation and warehousing of the goods plus the agreed Servicing Charge of 5% per month from December 1991 to the date of final payment.

(d) The sum of ¢6,812,500 being the fall in the cedi value to the dollar in respect of the same $136,250 as at 29 February 1992.

(e) Interest at the current bank rate on reliefs a, b, and d from 18 February 1992 to the date of final pa…

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