[2019]DLSC8748 • December 11, 2019 • Supreme Court •
EKOW ESSUMAN (DECEASED) SUBST. BY RUTH ESSUMAN (MRS) BODJA ESSUMAN & NANA ASARE BEDIAKO vs. ABOSO GOLDFIELDS LIMITED
The plaintiff, claiming under two agreements with the defendant relating to haulage of tailings, sued for recovery of monetary damages for breach of contract. The claims included payment for tailings supplied, outstanding haulage charges, and losses from wrongful termination of the contract. The defendant denied owing the sums claimed and contended full payment had been made. The trial court ruled in favor of the plaintiff on most claims except general damages for wrongful termination. Both parties appealed; the Court of Appeal dismissed the defendant's appeal and reversed the denial of consequential losses for the plaintiff. The defendant appealed to the Supreme Court.
read moreTHE UNANIMOUS JUDGMENT OF THE COURT IS READ BY GBADEGBE JSC, AS FOLLOWS-: In these proceedings, we shall for reasons of convenience describe the parties simply as plaintiff and defendant. The plaintiff claiming under and by virtue of two agreements entered into with the defendant relating to the haulage of tailings that were contained in documents tendered in evidence as exhibits B and B1 respectively, mounted the instant action before the High Court, Sekondi claiming the recovery of various sums of monetary damages for breach of contract. By the endorsement to the writ of summons, the plaintiff demanded from the court the following reliefs: I(a) Recovery of the sum of GHȼ2,582,000.00 being the cost of tailings supplied by the plaintiff to the defendant from July 2015 to December 2015 at the defendant’s request. (b) Interest on the said sum of GHȼ2,582,000.00 at the prevailing commercial bank rate from July 15, 2015 to the date of payment. II (a) Recovery of the sum of GHȼ...