HAWKRAD JOD CONTRACTS LTD vs. CAITEC DELTA LTD

Plaintiff, Hawkrad Jod Contracts Ltd, purchased ten Shackman trucks from Defendant, Caitec Delta Ltd, to execute a near pit haulage contract for Adamus Resources Ltd at the Nzema mining site. Plaintiff secured loans totaling US$845,000 from Cal Bank to finance the purchase. The trucks were delivered in January 2014 with an express warranty of one year or 30,000 km. Shortly after commencing operations, the trucks experienced frequent breakdowns, including brake failures and mechanical defects, leading to significant operational disruptions and financial losses. Plaintiff resorted to hiring alternative trucks, incurring substantial costs. Defendant denied liability, attributing breakdowns to Plaintiff's negligence, including use of untrained drivers and poor maintenance. Plaintiff's contract with Adamus Resources Ltd was not renewed, allegedly due to poor truck performance.

Plaintiff claims per the endorsement on its writ of summons the following reliefs: 1. Declaration that the Defendant is in breach of the warranty covering the ten shackman trucks purchased by the Plaintiff from the defendant to execute a haulage contract with Adamus Resources Ltd. 2. An order for the recovery of Gh¢1,877,289.75 being the total loss of income for the period February to June, 2014 as a result of the breakdown of the said trucks. 3. Cost PLAINTIFF’S CASE Plaintiff has provided the basis for his claim in the statement of claim that accompanied the writ. Plaintiff avers that in the year November, 2013, it won a near pit haulage contract to undertake for Adamus Resource a haulage of its ore at Adamus Nzema site in the Western Region. It accordingly approached Cal Bank for a loan to enable it purchase trucks to undertake the haulage contract. Cal Bank accordingly granted it two banking facility loans all totaling an amount of $US845.000.000. Plaintiff upon the release...