OMAR AHMED BEKURE vs. ATIWA QUARRIES LTD AND THE MANAGING DIRECTOR ATIWA QUARRIES LTD

JUDGMENT The Plaintiff’s claim against the Defendants jointly and severally was for an amount of $58,000.00 or its cedi equivalent together with interest at the prevailing bank rate from 19th September 2013 till date of final payment being the outstanding amount of the purchase price of a Liebherr Excavator. In the alternative, the Plaintiff also sued for the immediate return of the Plaintiff’s Excavator and also the daily rental charge of the Excavator pegged at GH¢2,000.00 a day for the number of days the Excavator had been with the Defendant. The Plaintiff also prayed the court to order the Defendant to pay for any damage caused to the Excavator whilst in the Defendants’ custody. The Plaintiff also applied for an order of perpetual injunction restraining the Defendants, their agents, assigns, privies and workmen from using or working with the Plaintiff’s Excavator. The Defendants in their Statement of Defence stated that it was a mutual agreement between the Plaintiff and...