[2012]DLSC6134 • June 6, 2012 • Supreme Court •
AFRICAN AUTOMOBILE LIMITED vs. THE ATTORNEY-GENERAL
African Automobile Limited, a car dealer, claimed outstanding sums owed by the Ministry of Information for servicing motor vehicles. The Ministry admitted services were rendered but disputed the sum and interest rate. The plaintiff alleged a credit facility agreement from 1997, which the Ministry denied. Evidence included a 1991 letter (Exhibit A) outlining credit terms and an alleged acceptance letter (Exhibit B) from the Ministry. The Ministry never signed Exhibit A as required. The trial court found no binding contract on these terms but acknowledged an outstanding debt for services rendered between 1994 and 1998.
read moreDR. DATE-BAH JSC This is an action brought by a car dealer in respect of outstanding sums owed it for the servicing of the motor vehicles of the Ministry of Information. While the fact of the plaintiff’s services having been rendered to it was admitted by the Ministry, there was an issue as to the exact sum due and the interest rate to be applied in relation to the unpaid indebtedness. The plaintiff in its Statement of Claim, filed on 31st January 2008, averred that, by a letter of 27th January 1997, it had accepted the Ministry’s request for a credit facility and entered into an agreement with the defendants regarding the sale and servicing of motor vehicles by it. This averment was denied by the defendant when he eventually filed his Statement of Defence, on 10th July 2008, after succeeding in setting aside a judgment in default of defence, which had meanwhile been entered against him. After the close of pleadings, the two issues set down for trial were: 1. "Whether or ...