[2022]DLSC11708 • June 15, 2022 • Supreme Court
REMA TIPTOP SURFACE PROTECTION (PTY) LIMITED vs. MOSPACKA COMPANY LIMITED AND MOSES ARMAH
AMADU JSC 1) The issue for determination in this appeal is a simple procedural and conceivably insignificant one. Yet, the Defendants/Appellants/Appellants (hereinafter referred to as the “Appellants”) have contested it through the hierarchy of the Superior Courts to the final court of the land. 2) In the High Court, the Plaintiff/Respondent/Respondent (hereinafter referred to as the “Respondent”) issued a writ claiming from the Appellants as follows:- “(i) Recovery of the total sum of R2,908,946.51 (Two Million, Nine Hundred and Forty-Six Rend and Fifty One Cents) particularized in paragraph 6 of the Statement of Claim, or its Cedis equivalent, in current exchange rate being the costs of goods sold and delivered to the Defendants on credit during December 2017 to January2018 and payment failed, refused and neglected despite repeated demands. (ii) Interest on the principal sum supra at the prime overdraft Rate Plus 2% per Month as at the date of invoice until date of...