Ratio DecidendiRatio Decidendi



HAWKRAD JOD CONTRACTS LTD
V.
CAITEC DELTA LTD

(2016) JELR 63732 (HC)    
High Court  ·  SUIT NO.OCC/58/2014 ·  12 Jul 2016 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
adamus resources ltd.
latent defect
latent defects
award of interest
supreme court
implied condition
sale of goods
shackman trucks
case management conference
following exchanges
haulage contract
sale of goods act
statement of claim
terms of the contract
alternative means of the haulage of the ore
analysis of the evidence
application of the law
basis of the claim of the plaintiff
breach of the warranty
co. ltd v imc industries
completion date
cost of alternative hiring of trucks
drivers of plaintiff
following reliefs
greater damages
haulage of its ore
lubrication of the vehicles
near pit haulage contract
number of exhibits
operation of the trucks
plaintiff claim
pleadings of the plaintiff company
release of an amount
reports of defects
respect of the sale of goods
result of the breakdown of the said trucks
series of invoices
such express condition
tender process
toll gate locker defects
total loss of income
use of alternative means of haulage cost

JUDGEMENT

Plaintiff claims per the endorsement on its writ of summons the following reliefs:

Declaration that the Defendant is in breach of the warranty covering the ten shackman trucks purchased by the Plaintiff from the defendant to execute a haulage contract with Adamus Resources Ltd.

An order for the recovery of Gh¢1,877,289.75 being the total loss of income for the period February to June, 2014 as a result of the breakdown of the said trucks.

Cost

PLAINTIFF’S CASE

Plaintiff has provided the basis for his claim in the statement of claim that accompanied the writ. Plaintiff avers that in the year November, 2013, it won a near pit haulage contract to undertake for Adamus Resource a haulage of its ore at Adamus Nzema site in the Western Region. It accordingly approached Cal Bank for a loan to enable it purchase trucks to undertake the haulage contract. Cal Bank accordingly granted it two banking facility loans all totaling an amount of $US845.000.000. Plaintiff upon the release of an amoun…

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