[2012]DLCA8628 • June 7, 2012 • Court of Appeal
TRAPEQ LIMITED vs. ANGLOGOLD ASHANTI (GH.) LTD.
The plaintiff, Trapeq Limited, a haulage company, had a contract (Contract No. C2175) with the defendant, AngloGold Ashanti (Gh.) Ltd., a mining company, for haulage services from August 2006 to August 2007. After the contract expired, the plaintiff continued to provide haulage services with the defendant's consent at the old contract rates while negotiating new rates. Negotiations failed over more than a year, and the defendant terminated the relationship. The plaintiff claimed payment for the difference between the old rates and what it considered reasonable compensation for services rendered post-contract expiry, which the defendant refused to pay, leading to this suit.
read moreKANYOKE, J.A. The issue for determination in this appeal is a simple and straight forward one, namely whether the trial judge exercised her discretion properly in awarding a claim for quantum meruit on the facts of the case in favour of the plaintiff/appellant. For ease of reference and brevity I shall in this judgment maintain the status or description of the parties at the court below, to wit plaintiff and defendant respectively. The facts of this case culminating in the appeal herein are as follows: The plaintiff is a haulage company engaged in the business of haulage of ore and waste whilst the defendant company is a mining company. The relationship between the plaintiff company and the defendant company had existed for several years and the last contract between them, Contract No. C2175, tendered in evidence as Exhibit A, commenced on 26th August 2006 and expired in August 2007. After the expiration of C2175, the plaintiff with the consent and approval of the defendant, co...