[2017]DLHC17365 • November 7, 2017 • High Court
TAYLOR ELECTRIC LTD vs. NATIONAL HEALTH INSURANCE AUTHORITY
The Plaintiff, Taylor Electric Ltd, entered into a contract with the Defendant, National Health Insurance Authority, to supply 800 computers and UPS devices for $998,400. The Defendant paid 70% of the contract sum but withheld the remaining 30%, alleging that some software supplied was pirated and did not meet validation tests. The Plaintiff claimed the outstanding balance and special damages related to loans taken to fulfill the contract. The Defendant denied liability for the loan and contended the Plaintiff breached the contract by supplying defective goods.
read moreJUDGMENT In an amended writ of summons filed on 21st February 2014, the Plaintiff claimed against the Defendant, the following reliefs: a) The recovery of the sum of US$299,520.00 being 30% of the contract figure that still remains unpaid. b) Interest on the said amount in (a) above at the bank lending rate till date of final payment. c) Special Damages in the sum of GH¢965,893.96. d) Damages. e) Costs f) Any other relief (s) which this Honourable Court deems just and equitable. It was the Plaintiff’s case as set forth in its Amended Statement of Claim that in it had fulfilled its part of a contract awarded it by the Defendant to supply 800 computers and UPS devices at a cost of $998,400.00. It averred that the Defendant had informed it that some of the software was not authentic and had continued to hold onto the outstanding balance of 30% of the contract sum. It was also the Plaintiff’s case that it had to take 2 short term loans from Ecobank to fulfill its obliga...