ELITE MINERALS GHANA LTD
V.
MANTRAC GHANA LTD

(2021) JELR 109103 (CA)    
Court of Appeal  ·  CIVIL APPEAL No: H1/194/2020 ·  25 Nov 2021 ·  Ghana
CORAM
JUSTICE SENYO DZAMEFE J. A. (PRESIDING) JUSTICE P. BRIGHT MENSAH J. A. JUSTICE JENNIFER A. DODOO (MRS) J. A.
Core Terms Beta
respondent
evidence
final drives
loss of revenue
learned trial judge
special damages
final drive
dl model
latent defects
trial court
serial numbers djf00866
appellate court
restructured loan facilities
trial
appellant’s case
award of costs
delivery of cat excavator machinery
reversal of the part of the judgment
thirty ghana cedis
sale of goods act
cross examination
dl excavators
learned high court judge
respect of interest
329s
appellant’s claims
appellant’s mining operations
appellant’s mining sites
breakdown of the said cat
cross-appellant
cross-examination of pw2
essentials of the ghana law of evidence
following reliefs
grounds of cross-appeal
implied condition of the purchase agreement
knowledge of the fact
ordinary cause
own cost
particular purpose of goods
persistent failure of the final drives
roa states
satisfactory evidence
use of the cat excavator machines
virtue of the breach of the parties
wrong incompatible oils

JUDGMENT

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 …

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