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BOOMTRADE COMPANY LTD
V.
MESSRS COTECNA & ANOR

(2006) JELR 69666 (CA)

Court of Appeal 24 Mar 2006 Ghana
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- The plaintiffs filed a lawsuit against the defendants for the cost of a container of canned tomato paste that was found to be unfit for consumption. - The 2nd defendant did not respond to the lawsuit, resulting in a default judgment again

Case Details

Suit Number:HI/146/05
Judges:ARYEETEY JA [PRESIDING], ABBAN [MRS] JA, QUAYE JA
Counsel:MR. K.K. SEY FOR THE PLAINTIFF/RESPONDENT [PRESENT]; MR. DABI FOR THE 1ST DEFENDANT/APPELLANT [PRESENT].

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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