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In October 2011, the plaintiff company bought fish oil from the defendant company and used same to produce fish feed which it sold to its customers who are mostly commercial fish farmers. Sometime after the customers have fed their fishes with the produce purchased from the plaintiff, they started experiencing high rate of mortality in the fishes. The farmers therefore notified the plaintiff who conducted some investigations and later recalled the unused fish feed from the customers who were thereafter compensated by the plaintiff company. The defendant company was informed of this development. After sometime the plaintiff also demanded compensation from the defendant. However, when the defendant refused to pay any compensation to the plaintiff, the instant action was instituted by the plaintiff company against the defendant company for:
a. Special and general damages
b. Compensation in the sum of US$187,500.00 or its cedi equivalent for direct loss and damage suffered by the plaintiff …