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NIGS ENGINEERING & SUPPLIES
V.
DAVID WALTER LTD.

(2023) JELR 112160 (HC)

High Court 20 Jan 2023 Ghana
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- The Plaintiff supplied the Defendant with various quantities of construction materials (cement and iron rods) in late 2017 and early 2018 pursuant to requests made by the Defendant in connection with its resettlement and school building p

Case Details

Suit Number:GJ/1768/2019
Judges:FRANCIS OBIRI, J
Counsel:DANIEL OHENE DARKO FOR THE PLAINTIFF PHILIP JIMANOR FOR THE DEFENDANT
Location:Accra

JUDGMENT

The Plaintiff per its Writ of Summons filed on 21 August 2019, claims against the Defendant as follows:

(a) Recovery of the sum of GH¢520,768.00 being the cost of construction materials supplied to the Defendant by the Plaintiff at the Defendant request.

(b) Interest on the said sum of GH¢520,768.00 from February 2018 to date of final payment.

(c) General damages for breach of contract.

(d) Any other reliefs arising from the pleadings.

The Defendant entered appearance on 18 October 2019 and filed its statement of Defence on 13 February 2020.

At the close of pleadings, the following issues were set down for trial:

(1) Whether or not at the instance of the Defendant, the Plaintiff supplied the following items at their respective dates and prices to the Defendant:

(a) December 2017: 800 bags of cement, valued at GH¢26,368

(b)  December 2017: 5,250 bags of cement, valued at GH¢173,640

(c) January 2018: 7,300 bags of cement, valued at GH¢240,608

(d)  January 2018: 12 tons of mid-steel iron ro…

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