R. T. BRISCOE (GHANA) LTD vs. ESSIEN

JUDGMENT OF CHARLES J. This is an application made under rule 1 of Order 14 for leave to sign judgment for the sum of £G17,748 14s. being the amount claimed by the plaintiffs from the defendant for value of equipments and cash advances given to the defendant against supply of logs which the defendant failed to supply. The defendant opposes this application and is relying on the defence filed on his behalf on the 5th March, 1962. Paragraph 5 of the defence reads as follows: “While the defendant was performing his obligation under the contract, namely, still supplying logs exclusively to the plaintiffs at prices agreed by the plaintiffs, legislation came into force which declared Ghana Timber Marketing Board the sole buyer of Ghana wawa and redwoods. The performance of the said contract was thus rendered impossible and subsequently both the plaintiffs and defendant were discharged by frustration.” By section 9 of an executive instrument, No. 87 of 1960 dated the 23rd Februar...