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SEATEC LTD. V. PENTON HOOK FARMS LTD. AND OTHERS

(1987) JELR 65418 (CA)

Court of Appeal  •  12 Feb 1987  •  Ghana

Coram
ABBAN JA,OSEI-HWERE JA,WUAKU J.A

Appearances
LARTEY-YOUNG (FOR NANA OTOAMFOM BEKOE) FOR THE APPLICANTS; TAMAKLOE (FOR B.J. DA ROCHA) FOR THE FIRST AND SECOND RESPONDENTS., J. K. AGYEMANG (WITH HIM AGYEMAN-BEMPAH) FOR THE CO-DEFENDANT.

Judgement

WUAKU J.A.: The plaintiff’s claim reads:

“1 (a) Specific performance of an oral agreement by which the defendants agreed to sell to the plaintiff and the plaintiff agreed to buy and have paid the sum of ¢800,000 to the defendants (i) one Komatsu motor grader model CD 37H No. 5183 at the cost of ¢535,000; (ii) One Hansome Hunt corn sheller at the cost of ¢175,000; and (iii) One old tractor four wheels at the cost of ¢100,000. (b) An injunction to restrain the defendants their servants or agents from using or disposing of or in anyway dealing with the machinery and for an order preserving the properties, the subject matter of this suit, pending the determination of the action. 2 Further or in the alternative the plaintiff claims ¢5,000,000 damages against the defendants for breach of the agreement referred to in paragraph 1 above. 3 Special damages for expenses incurred by the plaintiff in executing the agreement. 4 Such further or other reliefs as is just.”

During the pendency of the sui…

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