<p><strong>KANYOKE J.A</strong></p><p>This appeal originated from the judgment of the High Court, Tema dated the 31st day of January 2003. In that court the plaintiffs/respondents (hereafter referred to as the respondents) filed a writ of summons claiming against the defendants/appellants (hereinafter called the appellants) the following reliefs;</p><blockquote><em> </em>“(a) An order compelling defendants to pay for necessaries supplied to the defendants vessels by plaintiff and</blockquote><blockquote> (b) General damages for breach of contract to jointly manage and/or operate the defendant vessels”.<em> </em></blockquote><p>The writ of summons was accompanied by a statement of claim. The brief facts of the case are that by an agreement signed on the 30th day of October 1999 between Tally Trade and Services of L.L of Delaware, United States of America (USA) represented by a Mr. Jean Heinmets and the respondent herein, the Tally Trade and Services was to deliver two fishing vessels i.e. Partner one and Kasse to the port of Tema from Estonia to be operated jointly with the respondents…</p>