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KWASI SIRIBOE
V.
ARG AFRICA LIMITED

(2025) JELR 114642 (HC)

High Court 28 Feb 2025 Ghana
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- Plaintiff contracted Defendant on 27 April 2013 to supply, install, and maintain five Thyssenkrupp elevators for Plaintiff’s hotel project in Takoradi, paying the full contract sum of $296,900. Defendant imported elevators around 2015, bu

Case Details

Judges:HER LADYSHIP ADELAIDE ABUI KEDDEY J.
Counsel:MAAME AKUA NYANTAKYIWAA BOATENG, ESQ., BEING LED BY JUSTIN AMENUVOR, ESQ., FOR PLAINTIFF ALBERTA AFIA ASARE BEDIAKO, ESQ., HOLDING BRIEF FOR EDWIN LETSA KPEDOR, ESQ., FOR DEFENDANT
Location:Accra

JUDGMENT

[1] The Plaintiff, a businessperson commenced the instant action against the Defendant, a company incorporated under the laws of Ghana whose objects are to provide among other things, elevator, and escalator engineering. 

[2] It is the case of the Plaintiff that he entered into a contract with the Defendant on 27th April 2013 for the supply, installation, and maintenance of five (5) Thyssenkrupp elevators for Paragon Resorts Limited, a hotel he was constructing at Takoradi.

[3] Plaintiff avers that he paid the full contract sum of Two Hundred and Ninety-Six Thousand, Nine Hudred United States Dollars ($296,900.00). However, Plaintiff had some challenges and was unable to proceed with the hotel project so same was abandoned.

[4] Plaintiff informed the Defendant of his predicament at the time. Plaintiff subsequently requested for the elevators to be handed over to him but Defendant refused to hand over the elevators.

[5] Plaintiff contends that his lawyers officially wrote to the De…

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