Ratio DecidendiRatio DecidendiRatio Decidendi



HASNEM ENTERPRISES LTD
V.
IBM WORLD TRADE CORPORATION

(1990) JELR 69923 (HC)    
High Court  ·  16 May 1990 ·  Ghana
 · 
Other Citations
[1993-94] 1 GLR 172
CORAM
BENIN J

Ratio Decidendi

Core Terms Beta
defendants
plaintiffs
machine
agreement
exhibit
service
maintenance agreement
statement of claim
mesne profits
call basis
ibm copier
maintenance services
plaintiffs’ machine
maintenance service
plaintiffs’ letter
sale service
specific performance
exhibit c
mr amoateng
mr jacob amoateng
contract of maintenance service
date of final judgment
date of final payment
exclusive maintenance service
half years
position of jacob amoateng
statement of defence
trade policy of the defendants
actual work
basis of availability of spare parts
breach of contract
brief facts of this case
clear understanding
defendants’ letter
exhibit d
existence of any such agreement
following dates
jessel mr
large v large
old part of the defendants
own statement
plaintiff-company
relevant terms
said sum
sale service agreement
sale service of the plaintiff-company
specific performance of an oral contract
supply of the said ibm copier machine
terms of the said agreement
various occasions

BENIN J.: By an amended writ of summons filed on 16 December 1988 the plaintiffs claimed these reliefs against the defendants:

(i). “Specific performance of an (oral) agreement between the plaintiff-company made in 1977 for an after sale service of the plaintiff-company’s IBM Copier II machine “on call basis.”

(ii). The sum of ¢1,205,000 special damages being loss of income for 200 working days at the rate of ¢5,000 per diem as from 24 March 1986 through 28 February 1987.

(iii). Interest on the said sum of ¢1,205,000 at the rate of 25 per cent per annum from 1 April 1986 to the date of final judgment.

(iv). Mesne profits as from 1 March 1987 up to the date of final judgment at the rate of ¢15,000.

(v). Interest on the total sum of the said mesne profits at the time of final judgment.”

The statement of claim was filed on 17 March 1987. The plaintiffs are a limited liability company incorporated in Ghana with their head office in Cape Coast. The defendants are also a limited liability com…

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