[2008]DLCA6727 • October 30, 2008 • Court of Appeal
INTER AFRIQUE HOLDINGS LTD. vs. TSAKOS SHIPPING & TRADING
The case concerns a dispute over the validity of a contract for the sale of timber described as 'of fair specification' between parties familiar with the timber trade. The contract did not specify the price explicitly, raising questions about its enforceability.
read moreADUAMA OSEI J.A. This is an appeal against a judgment of the High Court, Fast Track Division, Accra, delivered on 18th June, 2005, in which the High Court entered judgment against the Defendant/Appellant (hereinafter called “the Defendant”) in favour of the Plaintiff/Respondent (hereinafter called “the Plaintiff”), on the Plaintiff’s claim as indorsed on its Writ of Summons. The indorsement on the Plaintiff’s Writ of Summons was as follows: “a. The payment of an amount of US$57,325.20 being commission accruing to the Plaintiff under the terms of the agreement with respect to the Oceanida Time Charter with TOR. “b. Interest on the sum of US$57,325.20 at the prevailing bank rate from September 2003, until final date of payment. “c. An order from this Honourable Court compelling the Defendant to honour its obligations to the Plaintiff and pay all accrued sums due to the Plaintiff under the terms of the TOR Oceanida Time Charter agreement.” The Plaintiff is ...