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HASNEM ENTERPRISES LTD V. IBM WORLD TRADE CORPORATION

(1990) JELR 69923 (HC)

High Court  •  16 May 1990  •  Ghana

Coram
BENIN J

Appearances
O K SAMPSON FOR THE PLAINTIFFS; ADUAMA OSEI FOR THE DEFENDANTS.

Judgement

BENIN J.: By an amended writ of summons filed on 16 December 1988 the plaintiffs claimed these reliefs against the defendants:

(i). “Specific performance of an (oral) agreement between the plaintiff-company made in 1977 for an after sale service of the plaintiff-company’s IBM Copier II machine “on call basis.”

(ii). The sum of ¢1,205,000 special damages being loss of income for 200 working days at the rate of ¢5,000 per diem as from 24 March 1986 through 28 February 1987.

(iii). Interest on the said sum of ¢1,205,000 at the rate of 25 per cent per annum from 1 April 1986 to the date of final judgment.

(iv). Mesne profits as from 1 March 1987 up to the date of final judgment at the rate of ¢15,000.

(v). Interest on the total sum of the said mesne profits at the time of final judgment.”

The statement of claim was filed on 17 March 1987. The plaintiffs are a limited liability company incorporated in Ghana with their head office in Cape Coast. The defendants are also a limited liability com…

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