[2014]DLHC17345 • July 4, 2014 • High Court
NATIONWIDE FINANCE SERVICES AND ZIBIMRANA ENTERPRISE vs. GETMA GHANA LTD AND IMEXCO GHANA LTD
JUDGMENT The Plaintiff’s claim against the Defendants jointly and severally was for: (i) An order directed at the Defendants to unconditionally release the agreed quantity of sugar or in the alternative refund the sum of GH¢75,000.00 to the Plaintiff. (ii) Interest at the commercial rate from 24th July 2011 to date of final payment. It was the Plaintiffs’ case that they had entered into a contract with the Defendants for the supply of sugar. Though they had fully paid for the sugar, same was never supplied hence the instant suit. There is no record of the 2nd Defendant ever having been served with the writ. The 1st Defendant was served and defended the suit on its own. According to the 1st Defendant, they were shipping agents operating at the ports of Ghana. They stated further that they acted as shipping and cargo agents for the vessel “Necati Kalkaram” which berthed at the Tema Port on 10th April 2011 with a consignment of 151,470 bags of sugar. They contended that ...