[2020]DLCA10033 • June 11, 2020 • Court of Appeal
GRACO ENGINEERING LTD. AND JOHNSON COMPLEX (GH) LTD. vs. AIRTEL GHANA LTD.
B. ACKAH-YENSU, JA This appeal arose from the decision of the High Court (Commercial Division) Accra, dated 28th August 2017, wherein judgment was entered against the Plaintiff/Appellant. For reasons of convenience, the Parties herein will be referred to simply as the “Plaintiff” and “Defendant”. In the High Court, the Plaintiff took a writ against the Defendant for the following reliefs: “(a) An amount of GH¢179,096 being balance of generators, voltage regulators and cost of de-installation and installation. (b) Interest on the said sum at the prevailing lending rate from 5/7/2011 till date of final payment. (c) Cost inclusive of lawyers’ fees”. FACTS The background to this appeal is that sometime in November 2010 the Parties herein entered into an agreement under which the Plaintiff was to supply the Defendant with two (2) 1000 KVA Generator sets, voltage regulators and Automatic Voltage regulators (AVRs), all at the total cost of GH¢1,124,800. The Plaint...