[2001]DLSC2366 • May 16, 2001 • Supreme Court •
HASNEM ENTERPRISES LIMITED vs. IBM WORLD TRADE CORPORATION
In 1977, Hasnem Enterprises Limited purchased an IBM Copier II Machine from IBM World Trade Corporation. Prior to purchase, Hasnem was allegedly promised exclusive after-sale maintenance service by IBM. Hasnem claimed that IBM provided maintenance services until 1984, after which IBM ceased servicing the machine. Hasnem sought specific performance of the oral agreement for after-sale service and claimed damages for loss of income due to IBM's refusal to service the machine after breakdowns. IBM denied any binding oral agreement for maintenance beyond a per-call basis and counterclaimed for unpaid maintenance fees.
read moreAKUFFO, J.S.C: I have been privileged to see beforehand the erudite opinion of my brother Mr. Justice Adzoe, J.S.C. and, for the reasons stated therein, I am in full agreement with him that the appeal must succeed and the decision of the Court of Appeal be set aside. I will therefore limit this opinion to the issue, raised in paragraph (c) of the additional grounds of appeal, regarding the proper period over which the interest awarded should remain exigible. In its amended counterclaim, filed on May 04, 1988, the appellant claimed an amount of ¢58,213.04 as the sum due for maintenance services previously rendered to the respondent, together with interest thereon at the Bank rate prevailing at the date of judgment, from 20th December 1984 up to the date of final payment. The trial court, after finding the said amount as being justly due and payable by the respondent, however, awarded interest thereon up to the date of the judgment, i.e., 16th May 1990. According to the appellant, tak....