[1976]DLCA387 • March 18, 1976 • Court of Appeal
FRAFRA vs. BOAKYE
The appellant hired out his tractor to the respondent at a rate of N¢80.00 per day for hauling timber logs in the respondent's timber concession at Mim. The respondent required a tractor capable of hauling 30 logs per day to fulfill a contract with Mim Timber Company. The appellant assured the respondent that the tractor was in good working order and capable of meeting this performance. However, the tractor was defective, hauling significantly fewer logs daily and breaking down due to a worn-out clutch, leading to the respondent's inability to perform his timber supply contract.
read moreJUDGMENT OF ANNAN J.A. In this appeal the appellant challenges the trial judge’s decision awarding the respondent special and general damages for breach of a contract of hiring of the appellant’s tractor by the respondent at the rate of N¢80.00 per day for the express purpose of hauling timber logs in the respondent’s timber concession at Mim. The trial judge found that the appellant was in breach of the contract of hiring in that his tractor was defective and was therefore unable to haul the respondent’s logs at a rate of performance which he found had been agreed between the parties as a necessary part of their contract. He awarded special damage on this basis. He also awarded general damages for loss suffered by the respondent as a result of his inability to perform another contract with a timber company for the supply of logs to that company. This inability, as found by the trial judge, was due to the appellant’s breach of his contract to provide an efficient ...