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ALTROM S.A LTD
V.
A.A. MINERALS & 3 ORS

(2020) JELR 91982 (CA)

Court of Appeal 20 May 2020 Ghana
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- The plaintiff/appellant company sued the defendants/respondents for the payment of $2,056,619.90, an outstanding amount from a business contract involving the supply of gold in exchange for mining equipment. The defendants, who are also d

Case Details

Suit Number:SUIT NO.HI/171/2019
Judges:OFOE, J.A , HONYENUGA, J.A , GAISIE,J.A
Counsel:GLORIA OSEI NYAME FOR THE PLAINTIFF/APPELLANT YAW ESHUN FOR THE DEFENDANTS/RESPONDENTS

JUDGMENT

 OFOE, J.A.

ANTECEDENTS

The plaintiff/appellant company, herein after referred to as the plaintiff, on the 3rd of November 2015 issued out a writ of summons against the defendants/respondents at an Accra High Court claiming payment of $2,056,619.90 owe it by the defendants being outstanding amount on a business contract, the details of which it has elaborated in its statement of claim. Tersely put, it had an agreement with the 1st defendant to supply it with gold in exchange for mining equipment. There was a subsequent additional agreement by which it advanced some monies to the 1st defendant for the 1st defendant to ship that monies worth of gold to it. It is its case that the 1st defendant had defaulted in the supply hence the outstanding amount claimed on the writ.

The other defendants are directors of the company and also guarantors of the 1st defendant who undertook to pay to the plaintiff on demand all debts that may arise out of the financial transaction between them

There …

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