[2016]DLHC17320 • April 19, 2016 • High Court
HONISCH GMBH SUING PER ITS LAWFUL ATTORNEY MOHAMMED SAHNOON vs. JOHN E. ODAMETEY AND GERTEX GROUP LTD
The Plaintiff, a German company, claimed €50,686.35 for overdue payments for argon gas supplied to the Defendants. The Plaintiff alleged that the 1st Defendant negotiated the supply to VALCO, with shipments made in the name of the 2nd Defendant. The Plaintiff contended that despite receiving payment from VALCO, the 1st Defendant failed to pay the Plaintiff, alleging fraud. The Defendants contended the contract was with the 2nd Defendant, with terms including CIF delivery and payment within 30 days. They claimed delays, non-delivery of the second consignment (arrived empty), lack of insurance, and overinvoicing. The Defendants counterclaimed for damages for fraud, breach of contract, and costs pursuing insurance claims.
read moreJUDGMENT The Plaintiff, which described itself as a company based in Germany brought this action via its attorney claiming the sum of €50,686.35 which it called overdue payments for goods supplied to the Defendants. The Plaintiff in its Statement of Claim stated that it negotiated with the 1st Defendant for the supply of argon gas to VALCO. According to the Plaintiff, on the directions of 1st Defendant, the shipment was made in the name of 2nd Defendant with VALCO as consignee. It was Plaintiff’s contention that having received full payment from VALCO, the 1st Defendant had failed to pay it. It therefore complained that the Defendants had by their conduct perpetrated fraud on them. The Defendants in their defence stated that the contract for the supply of argon gas was between Plaintiff and the 2nd Defendant, a limited liability company. It was the Defendants’ claim that a term of the contract was for the gas to be delivered to the 2nd Defendant’s customers on the ...