[2006]DLCA6666March 24, 2006Court of Appeal

BOOMTRADE COMPANY LTD vs. MESSRS COTECNA & ANOR

QUAYE, JA The respondents herein, in their role as plaintiffs in the trial court, on 9th November 1999, filed a writ of summons, indorsed with reliefs against the defendants jointly and severally, for (a) the sum of US$22.092.00 being the cost of one 20 foot container of canned tomato paste purchased by the plaintiff company from the 2nd defendant which was found on delivery to be unfit for consumption. (b) interest from 24th March 1998 incurred by plaintiff in respect of the letter of credit that was granted plaintiffs by their bank to purchase the tomato as above, (c) cost for clearing, transportation, warehousing, stated to be ¢11.280.000.00 as at 31st October 1999. (d) interest on the said sum as in (c) (e) damages for breach of contract and (f) costs To the said writ only the 1st defendant responded by filing the requisite statutory processes. The 2nd defendant neither filed an appearance nor defended the action. In consequence thereof, the action against t....