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HAWKRAD JOD CONTRACTS LTD V. CAITEC DELTA LTD

(2016) JELR 63732 (HC)

High Court  •  SUIT NO.OCC/58/2014  •  12 Jul 2016  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Judgement

JUDGEMENT

Plaintiff claims per the endorsement on its writ of summons the following reliefs:

Declaration that the Defendant is in breach of the warranty covering the ten shackman trucks purchased by the Plaintiff from the defendant to execute a haulage contract with Adamus Resources Ltd.

An order for the recovery of Gh¢1,877,289.75 being the total loss of income for the period February to June, 2014 as a result of the breakdown of the said trucks.

Cost

PLAINTIFF’S CASE

Plaintiff has provided the basis for his claim in the statement of claim that accompanied the writ. Plaintiff avers that in the year November, 2013, it won a near pit haulage contract to undertake for Adamus Resource a haulage of its ore at Adamus Nzema site in the Western Region. It accordingly approached Cal Bank for a loan to enable it purchase trucks to undertake the haulage contract. Cal Bank accordingly granted it two banking facility loans all totaling an amount of $US845.000.000. Plaintiff upon the release of an amoun…

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