[1993]DLCA4327 • June 17, 1993 • Court of Appeal
EVANSPENNY INDUSTRIES CO LTD AND ANOTHER vs. TECHNO-CHEM ASSOCIATES (GH) LTD
The plaintiffs, Evanspenny Industries Co Ltd and another, imported 5,000 cartons of pilchards in tomato sauce for the defendants, Technochem Associates (Gh) Ltd, and claimed payment for the goods and related expenses. The defendants denied liability and filed their defence months after the writ was issued. The 2nd defendant was alleged to have guaranteed the 1st defendant's obligations by offering his property as security, which he denied except for the registration of the security interest. The plaintiffs obtained judgment under Order 25 rule 4 for part of their claims, which the defendants appealed and sought to stay execution of the judgment.
read moreLUTTERODT JA. On 3 March 1992 the plaintiff-company took out a writ of summons against the two defendants jointly and severally for the following reliefs: “(a) The sum of ¢54,500,000, the equivalent of 136,250 US dollars at the rate of ¢400 to $1 as at 24 September 1991, being the value of 5,000 cartons of pilchards in tomato sauce which the plaintiffs imported for the defendants. (b) The sum of ¢2,000,000 offered by the defendants in lieu of insurance guarantee bond. (c) The sum of ¢20,000,000 raised by the plaintiffs at the request of the defendants for the customs duties and other expenses involved in the clearance, transportation and warehousing of the goods plus the agreed Servicing Charge of 5% per month from December 1991 to the date of final payment. (d) The sum of ¢6,812,500 being the fall in the cedi value to the dollar in respect of the same $136,250 as at 29 February 1992. (e) Interest at the current bank rate on reliefs a, b, and d from 18 February 1...