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WEST AFRICA QUARRY LIMITED V. GODFRED SUMMABE & 3 ORS.

(2018) JELR 64934 (CA)

Court of Appeal  •  SUIT NO.: H1/6/2018  •  24 May 2018  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), DENNIS ADJEI J. A., GERTRUDE TORKORNOO J. A.

Judgement

MARIAMA OWUSU, J. A:

On 31st Day of July 2015, the High Court, Commercial Division, Accra, dismissed the Plaintiff’s case against the Defendants. In his judgment, the trial court held among other things as follows:

“I am of the opinion that, it was the plaintiff who rather breached the agreement/contract between them and Summabe and Affiliates or induced the breach. She ought not to benefit from her wrongful acts and so dismiss her case in its entirety against the Defendants.”

The Court then awarded general damages of US$ 7,500,000.00 or its cedi equivalent to the 2nd Defendant in addition to the payment of GH¢1,829,000.00 as top up for underpayment of the reimbursed cost for the concession. For the 3rd and 4th Defendants, the Court awarded US$3,500,000.00 and US$2,500,000.00 or its cedi equivalent as general damages respectively for loss of earnings and reimbursement of investment.

Interest was to run on all amounts awarded in respect of the general damages from date of judgment to date…

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