[2016]DLHC9059April 18, 2016High Court

HBM COMPACT LTD vs PROTEUS LTD.

The Plaintiff is a limited liability company duly registered under the laws of the Republic of Ghana to carry out various businesses including the supply of building materials and other hardware. The Defendant is a construction firm carrying out various constructions within the city of Accra. In the Plaintiff’s writ of summons and the supporting statement of claim, the Plaintiff claims against the Defendant, the following reliefs: “(a) payment of the sum of GH¢178,500 being the cost of 5,100 bags of cement supplied the defendant company which defendant company has failed and/or refused to pay for. (b) Interest on the sum in (a) from the 23rd October, 2014 till date of final payment. (c) Costs.” The material facts which gave rise to the matter as recounted in Plaintiff’s statement of claim are as follows. Sometime in mid-2014, in fulfilment of a contract with the Defendant to supply cement on credit basis, payable on delivery, to the Defendant, Plaintiff supplied...