HAWKRAD-JOD CONTRACTS LIMITED V. CAITEC DELTA LIMITED

JUDGMENT

BARTELS-KODWO JSC:-

On the 24th of July, 2019 the Court of Appeal delivered a judgment in favour of the Defendant/Appellant/Respondent. The Plaintiff/Respondent/Appellant the victor in the trial court naturally dissatisfied with that Judgment filed this instant Appeal. The parties will be referred to in this judgment by their original designations in the trial court as the Plaintiff and the Defendant.

FACTS/BACKGROUND

By its Writ of Summons and a Statement of claim the Plaintiff sought the reliefs below:

(a) A Declaration that the 1st Defendant is in breach of the warranty covering the ten (10) Shackman Trucks purchased by the Plaintiff from the 1st Defendant to execute a haulage contract with Adamus Resources Limited.

(b) An order for the recovery of GH¢1,341,474.75 being the total loss of income for the period February to June, 2014 as a result of the breakdown of the said Trucks.

(c) An Injunction restraining the 2nd Defendant from making any further deductions from Plaintiff’s …