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J A PLANT (GH) LTD V. MAHAMADAS COMPANY LTD

(2016) JELR 107807 (HC)

High Court  •  SUIT NO: BC 127/2015  •  15 Jan 2016  •  Ghana

Coram
PATIENCE MILLS-TETTEH

Judgement

JUDGMENT

MILLS-TETTEH, J.

By a writ of summons filed on 12/11/2014 and an amended statement of claim  plaintiff claimed the following reliefs; 

a. Recovery of 43099.32USD or the cedi equivalent being outstanding  balance of bulldozer sold and delivered to the defendant 

b. Default interest at 20% per annum on the said sum of 43099.32USD as  agreed from 1/2014 till date of final payment  

c. Alternatively an order for recovery of possession of Shantui SD22Bulldozer  from defendant  

d. Costs including solicitors fees.

On the 3/12/14 defendant filed a statement of defence admitted liability partly  and stated that it is a breach to the financial laws of this country to transact  business in US Dollars and counterclaimed for a declaration that plaintiff cannot  enter into transaction with defendant in any currency other than Ghana cedi  which is the accepted currency. 

On the 13/1/15 plaintiff filed a reply and a defence to the counterclaim with  application for direction on the following issue…

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