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HASNEM ENTERPRISE LTD.
V.
ELECTRICITY CORPORATION OF GHANA

(1990) JELR 69912 (HC)

High Court 12 Apr 1990 Ghana
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- The court dismissed both the plaintiffs’ claim for damages (breach of contract, negligence) and the defendants’ counterclaim, holding that neither side proved causation or liability on a balance of probabilities. - Key principle: In contr

Case Details

Judges:BENIN J.
Counsel:C. K. SAMPSON FOR THE PLAINTIFFS; F. K. KORLEY FOR THE DEFENDANTS.
Other Citations:[1992] 2 GLR 250

BENIN J.: The plaintiffs claim against the defendants “the sum of ¢175,771.50 being general damages for breach of contract for the supply of electricity and/or alternatively for negligence and/or nuisance.” This is contained in the indorsement on the writ of summons filed on 5 May 1982. The plaintiffs filed a statement of claim on 2 July 1982.

The indorsement on the writ was first amended with leave granted on 26 October 1983, and secondly, with leave granted on 24 June 1985. The writ as finally amended reads as follows: “The plaintiffs’ claim against the defendants is for general and special damages for breach of contract for the supply of electricity and/or alternatively for negligence and/or nuisance.” The statement of claim was never sought to be amended to reflect the amended writ.

The hearing was concluded and the matter set down for addresses on 4 April 1990. On 3 April 1990 the plaintiffs put in an application on notice to amend the writ of summons for yet a third time. There is…

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