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ALHASSAN MUSAH TIMBERS LIMITED
V.
FRANKO TIMBERS LIMITED

(2014) JELR 65124 (HC)

High Court 4 Feb 2014 Ghana
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- The plaintiff company filed a lawsuit seeking various reliefs, including a declaration of breach of contract and recovery of money paid to the defendant company. - The plaintiff and defendant are both limited liability companies in the wo

Case Details

Suit Number:SUIT NO.RPC/89/12
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:NANA ADWOA KOOMSON FOR THE PLAINTIFF; SOLOMON OPPONG TWUMASI FOR THE DEFENDANT.

JUDGMENT

The Plaintiff Company by its writ of summons and statement of claim filed on 24/02/12 sought five reliefs. These are:

a. A declaration that the defendant company’s actions in terminating the agreement that existed between itself and the Forestry Department constituted a fundamental breach of the working agreement that existed between the parties.

b. Recovery of GH¢ 61, 853.61 being monies paid to the defendant company as advanced payments in anticipation of the defendant company’s share of the profits from the working agreement between the parties.

c. GH¢ 70, 800.00 special damages;

d. Interest on the said amount at the current bank rate from June 28, 2008 to date of final payment; and

e. General damages for financial loss and loss of profits occasioned by the defendant company’s breach of the working agreement between the parties herein.

Alternatively

i. An order that the defendant permits the plaintiff to operate in its concession in the Dampia Range Forest Reserve to defray defend…

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