NEOPLAN (GHANA) LTD vs. HARMONY CONSTRUCTION CO LTD

JUDGMENT OF BENIN JA. The plaintiff sued the defendant claiming the following reliefs: (a). “An order for the recovery of the sum of ¢4,293,604.22 being the total cost of repairs carried out on the defendant company’s vehicle. (b). Interest at the rate of 30 per cent on the said amount from 14 April 1988 up to the date of final judgment.” The plaintiff’s case as pleaded was that the defendant sent a vehicle to its workshop for repairs in April 1988. It carried out the repairs at a cost of ¢4,293,604.22. But the defendant has refused to settle the cost of repairs despite repeated demands made upon it to settle. Hence the reliefs sought. The defence pleaded the following material facts, namely: (i). “That it sent the vehicle to the plaintiff’s workshop upon the advice and direction of Messrs Transport Maschinen Export & Import (hereinafter called Transport Maschinen) who are the principals of the plaintiff in respect of IFA trucks (of which the defenda...