BENIN, JSC :-
This is an appeal from the unanimous decision of the Court of Appeal dated the 19th day of January, 2012. Oppong Banahene, the Plaintiff/Appellant/Appellant is hereinafter referred to as the Plaintiff and Shell (Ghana) Ltd. which is the Defendant/Respondent/Respondent is hereinafter referred to as the Defendant.
THE FACTS
The Plaintiff entered into a written haulage agreement with the Defendant on the 13th day of May 1996. The agreement, however, was said to have commenced on the 1st day of January, 1996 and was scheduled to terminate on 31st December, 1996; it was for one year certain. Under the agreement, the Plaintiff was to transport petroleum products belonging to the Defendant from Tema Oil Refinery (TOR) to their customer called Sonitra at Yawkwei, near Konongo on the Accra-Kumasi Road. A copy of that agreement was put in evidence as exhibit A.
The haulage relationship between the parties continued without a formal renewal after the one year duration. In s…