J A PLANT (GH) LTD
V.
MAHAMADAS COMPANY LTD

(2016) JELR 107807 (HC)    
High Court  ·  SUIT NO: BC 127/2015 ·  15 Jan 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH
Core Terms Beta
defendant
plaintiff
application
exhibit
counsel
november
reply
transaction
affidavit
case
company
credit sale agreement
default interest
evidence
favour of plaintiff
judgment
lawyer
motion
behalf of the plaintiff company
ceo of defendant
combined effect of orders
complete disregard
defendant d
evidence of the plaintiffs
extension of payment b
financial laws of this country
hearing notice
heavy duty equipment
isaac larbi
notice
only defence of the defendant
order
patience mills-tetteh
reasonable time
recovery of 43099.32usd
recovery of possession of shantui sd22bulldozer
rules of court
said sum of 43099.32usd
solicitors fees
statement of defence
valid solicitors license
vivoce evidence
witness box
writ of summons

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 

a. Whe…

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