[2017]DLCA5009 • July 13, 2017 • Court of Appeal
DR. ALEX PUPULAMPU (DECEASED) vs. SASTIN LIMITED
DORDZIE, J.A.: This is an interlocutory appeal from the ruling of the High Court, Accra dated 10th October 2016. The plaintiff who is the respondent in this appeal sued the defendant one Dr. Puplampu (deceased) for breach of contract. The defendant died in the course of proceedings, the suit is being pursued against his estate and the wife, who representsthe estate had been substituted as the defendant in the suit. FACTS: The plaintiff is a salt mining company, the parties entered an agreement dated 13th February 2006 whereby the defendant was to install a B-Transformer (Pump/Compressor) at the plaintiff company’s site at Kokodo in the Central Region for salt production at a cost of USD10, 000 For one reason or the other up to January 2007 the defendant failed to install the B-Transformer. The plaintiff maintain that it had paid the substantial part of the contract sum but the defendant failed to perform his side of the contract which is to install the B-Transformer. His delay i.....