MALLAM ADAMU vs. SOLOMON OSEI BOATENG & ANOR

What started as an ordinary, simple sale/purchase agreement of an excavator has now become the subject matter of the instant protracted legal battle, spanning over three legal years! In this judgment the words ‘excavator’ and ‘machine’ are used interchangeably. The Plaintiff claims against the defendants the reliefs endorsed on his amended writ of summons and statement of claim filed on 26/10/16, as follows: a) Recovery of cash the sum of One hundred and seventy- seven thousand seven hundred Ghana Cedis (GHC 177, 700.00) being the monies the Plaintiff paid to the Defendants for the purchase of CAT BL 330 excavator from the Defendants which sale agreement was unlawfully abrogated by the Defendants. b) Interest on the sum in relief (a) supra from 7th February, 2014 till the date of final payment. c) General damages for breach of contract d) Costs including solicitor’s fees. AND/OR IN THE ALTERNATIVE a) An order of the Honourable Court for the sale of the said CAT BL 330...