BOOMTRADE COMPANY LTD
V.
MESSRS COTECNA & ANOR

(2006) JELR 69666 (CA)    
Court of Appeal  ·  HI/146/05 ·  24 Mar 2006 ·  Ghana
CORAM
ARYEETEY JA [PRESIDING], ABBAN [MRS] JA, QUAYE JA
Core Terms Beta
1st defendant
plaintiffs
respondents
tomato paste
clean report of findings
government of ghana
2nd defendant
case
trial court
third person
16th may
2nd defendants
appellate court
breach of duty
crf exhibit g
defendants
ghana standards board
imported tomato paste
shipment inspection of goods
basis of failure
breach of contract
cans of the goods
clean report
clear report of findings
concrete evidence
decided cases
default judgment
due care
exhibit f
favour of the 1st defendant
favour of the plaintiffs
grounds of appeal question
import declaration form
international inspection agency
judgment of the trial court
legal position
marking of the said goods
plaintiff company
respect of the letter of credit
said action of the 1st defendant
said consignment of goods
said sum
said writ
salient findings of fact
shipment inspection of the consignment
strength of evidence
sum of us
totality of evidence
true state of the goods
use of the government of ghana officials

QUAYE, JA

The respondents herein, in their role as plaintiffs in the trial court, on 9th November 1999, filed a writ of summons, indorsed with reliefs against the defendants jointly and severally, for

(a) the sum of US$22.092.00 being the cost of one 20 foot container of canned tomato paste purchased by the plaintiff company from the 2nd defendant which was found on delivery to be unfit for consumption.

(b) interest from 24th March 1998 incurred by plaintiff in respect of the letter of credit that was granted plaintiffs by their bank to purchase the tomato as above,

(c) cost for clearing, transportation, warehousing, stated to be ¢11.280.000.00 as at 31st October 1999.

(d) interest on the said sum as in (c)

(e) damages for breach of contract and

(f) costs

To the said writ only the 1st defendant responded by filing the requisite statutory processes. The 2nd defendant neither filed an appearance nor defended the action. In consequence thereof, the action against the 2nd defendants terminated on…

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