DODOO, JA (MRS)
The Plaintiff/Appellant/Respondent (hereinafter referred to as the Appellant) commenced the instant suit against the Defendant/Respondent/Cross-Appellant (hereinafter referred to as the
Respondent) claiming the following reliefs:
a) A declaration that the Defendant has breached the Parties’ agreement by failing to fulfil its obligations under the contract by the delivery of CAT excavator machinery with serial numbers DJF00866, DJF00755, DJF00864, DJF00867, DJF01072, MNB01283, DJF00850 and DJF00853 with the final drives which had latent defects or not fit for the purpose for which they were intended.
b) A declaration that the Defendant, by virtue of the breach of the Parties’ agreement, has occasioned on the Plaintiff a loss of revenue that would have accrued to the Plaintiff for the use of the CAT excavator machines in the sum of Two Million, Two Hundred and Seventy-Six Thousand and Eight Hundred and Twenty United States Dollars (US$2,276,820.00).
c) A declaration …