J U D G M E N T
By a writ of summons filed on 12/11/2014 and an amended statement of claim plaintiff claimed the following reliefs;
a. Recovery of 43099.32USD or the cedi equivalent being outstanding balance of bulldozer sold and delivered to the defendant
b. Default interest at 20% per annum on the said sum of 43099.32USD as agreed from 1/2014 till date of final payment
c. Alternatively an order for recovery of possession of Shantui SD22Bulldozer from defendant
d. Costs including solicitors fees.
On the 3/12/14 defendant filed a statement of defence admitted liability partly and stated that it is a breach to the financial laws of this country to transact business in US Dollars and counterclaimed for a declaration that plaintiff cannot enter into transaction with defendant in any currency other than Ghana cedi which is the accepted currency.
On the 13/1/15 plaintiff filed a reply and a defence to the counterclaim with application for direction on the following issues