HASSAN MOHAMMED . ABDUL-RAZAK MUSAH

J U D G M E N T  

This is a judgment on a counterclaim by Defendant in a suit commenced  against him by the Plaintiff on 11th March 2014.

By way of background, the parties allege they are businessmen in Accra.  Plaintiff alleged that Defendant rented his excavator machine and paid  GH¢14,000 for the first ten days with the understanding that he will pay  more if he uses the excavator for more days for small scale mining  operation.  

That Defendant had assured him that he had permit to mine at Akwatia.  However that just after the arrival of the excavator in Akwatia site the  police confiscated the excavator with the charge that Defendant had no permit to operate at the site. That Plaintiff had to pay GH¢8,000 to the  Akwatia police for the release of the excavator.  

That Defendant then transported the excavator which was in his possession  to Bekwai and rented it out to another person named Akwasi without  Plaintiff’s consent. That the excavator was again confiscated by the Bekwai  pol…