[2010]DLCA7829May 14, 2010Court of Appeal

AFRICAN AUTOMOBILE LTD. (PLAINTIFF/APPELLANT) vs. MINISTRY OF INFORMATION AND ATTORNEY GENERAL (DEFENDANT/RESPONDENT)

OFOE, J.A: The claim of the plaintiff that was virtually undefended at the trial court was a claim for an amount of GH¢14,174,693.12 being services rendered to the defendant. The services were in the nature of sale and or servicing and repairs on the vehicles of the defendant. At the close of trial there was no dispute that the claim was in respect of outstanding repair and servicing charges. By the plaintiff’s pleadings, the servicing was governed by a credit facility offered to the defendant which was originated by a letter of the defendant, MH\AA\97\5337 dated the 27th of January 1997. By the said credit facility agreement payment for services were to be made not later than the 15th of the following month. It is plaintiff’s case that the acceptance of the understanding to operate this credit facility was made by the defendant on the 4th of February 1997. There has been default on the part of the defendant to honour their payment obligations under this agreement leading to t...