WEST AFRICA QUARRY LIMITED (PLAINTIFF/APPELLANT) vs. GODFRED SUMMABE & 3 ORS. (DEFENDANTS/RESPONDENTS)

The Plaintiff, West Africa Quarry Limited, entered into an agreement dated 20 May 2011 with Summabe & Affiliates (comprising the 2nd, 3rd, and 4th Defendants) for the supply of limestone from the 2nd Defendant's mining concession. The Plaintiff paid an advance of US$800,000 for the purchase of a crusher and various statutory fees on behalf of the Defendants. The Defendants failed to supply the agreed quantities within the stipulated time, leading the Plaintiff to invoke the takeover clause of the agreement and pay GH¢2.3 million for the takeover. Disputes arose over the currency denomination of this payment and the Plaintiff was denied access to the concession and crusher by the Defendants, prompting the Plaintiff to sue for injunctions, damages, and recovery of possession.

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 judgment to date of fina...