WEST AFRICA QUARRY LIMITED vs. GODFRED SUMMABE & 3 ORS.

The Plaintiff, West Africa Quarry Limited, entered into an agreement with Summabe & Affiliates (comprising the 1st to 4th Defendants) for the supply of limestone from a mining concession. The agreement included an advance payment of US$800,000 for the purchase of a crusher, which was to be owned by the Plaintiff until repaid. The Defendants failed to supply the agreed quantities within the stipulated time, leading the Plaintiff to invoke a takeover clause and pay GH¢2.3 million as project cost for the takeover. Disputes arose over the payment currency and the involvement of all affiliates in negotiations. The Defendants prevented the Plaintiff from accessing the concession and the crusher, prompting the Plaintiff to sue for injunctions, damages, and recovery of possession. The Defendants counterclaimed for unpaid balances, loss of revenue, and damages for breach of contract.

MARIAMA OWUSU, J. A: On 31st Day of July 2015, the High Court, Commercial Division, Accra, dismissed the Plaintiff’s case against the Defendants. In his judgment, the trial court held among other things as follows: “I am of the opinion that, it was the plaintiff who rather breached the agreement/contract between them and Summabe and Affiliates or induced the breach. She ought not to benefit from her wrongful acts and so dismiss her case in its entirety against the Defendants.” The Court then awarded general damages of US$ 7,500,000.00 or its cedi equivalent to the 2nd Defendant in addition to the payment of GH¢1,829,000.00 as top up for underpayment of the reimbursed cost for the concession. For the 3rd and 4th Defendants, the Court awarded US$3,500,000.00 and US$2,500,000.00 or its cedi equivalent as general damages respectively for loss of earnings and reimbursement of investment. Interest was to run on all amounts awarded in respect of the general damages from date of ju...