AVS WORLDWIDE LTD
V.
BHAGYA LAXMI IMPEX LIMITED

(2017) JELR 107993 (HC)    
High Court  ·  SUIT NO. BC 542/2015 ·  28 Jul 2017 ·  Ghana
CORAM
JUSTICE PATIENCE MILLS-TETTEH (MRS.)

J U D G M E N T 


The parties herein are two companies which deal in gold. The defendant  Company has license to purchase and export Gold whilst plaintiff is yet to  acquire license to export Gold. The defendant Company therefore  exports Gold on behalf of the plaintiff, consequently the plaintiff usually  advanced money to the defendant Company for this purpose. The plaintiff  claim the defendant has refused to purchase 9.5 kilograms of Gold for  which an amount of $316,945.00 is being held by the defendant Company,  and therefore instituted this action for the following reliefs; 

a. An order for the recovery of sum of US$ 316,945.00 being money  paid by the plaintiff to the defendant for the purchase of gold.

b. Interest on the said sum from February 2009, till date of final  payment. 

c. General damages for breach of contract. 

CASE OF THE PLAINTIFF 

It is the case of the plaintiff that it gave $85,000 and $112,900.0 to the  defendant in two separate transactions totaling US$197,900.0 f…

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