[2025]DLHC18422 • February 28, 2025 • High Court
KWASI SIRIBOE vs. ARG AFRICA LIMITED
Plaintiff, a businessperson, contracted Defendant, a Ghana-incorporated company specializing in elevator engineering, on 27 April 2013 for supply, installation, and maintenance of five Thyssenkrupp elevators for a hotel project in Takoradi. Plaintiff paid the full contract sum of $296,900.00. Due to funding challenges, Plaintiff abandoned the hotel project and requested Defendant to hand over the elevators or refund the payment. Defendant refused, citing contractual obligations and requested a written undertaking before release. Plaintiff sued for recovery of elevators or refund.
read moreJUDGMENT [1] The Plaintiff, a businessperson commenced the instant action against the Defendant, a company incorporated under the laws of Ghana whose objects are to provide among other things, elevator, and escalator engineering. [2] It is the case of the Plaintiff that he entered into a contract with the Defendant on 27th April 2013 for the supply, installation, and maintenance of five (5) Thyssenkrupp elevators for Paragon Resorts Limited, a hotel he was constructing at Takoradi. [3] Plaintiff avers that he paid the full contract sum of Two Hundred and Ninety-Six Thousand, Nine Hundred United States Dollars ($296,900.00). However, Plaintiff had some challenges and was unable to proceed with the hotel project so same was abandoned. [4] Plaintiff informed the Defendant of his predicament at the time. Plaintiff subsequently requested for the elevators to be handed over to him but Defendant refused to hand over the elevators. [5] Plaintiff contends that his lawyers officially wrote to ...