SEATEC LTD.
V.
PENTON HOOK FARMS LTD. AND OTHERS

(1987) JELR 65418 (CA)    
Court of Appeal  ·  12 Feb 1987 ·  Ghana
 · 
Other Citations
[1987-88] 1 GLR 51
CORAM
ABBAN JA,OSEI-HWERE JA,WUAKU J.A
Core Terms Beta
grader
plaintiff
court
application
order
damages
counsel
defendants
judgment
stay of execution
cost
ghana national trading corporation
great hardship
high court
special circumstances
further order of this court
mere fact
operation of the order
plaintiff-applicant
plaintiff-applicant-judgment debtor
plaintiff claims
plaintiff’s claim
additional high court judge
bank account
court of appeal rules
defendant-respondent-judgment creditor
determination of the action
execution of the aforesaid judgment
execution of the said judgment
favour of the second defendant
first defendant
fresh application
good repair
interlocutory appeal
learned trial judge
limited liability company
lordship sawyerr-williams j.
main reasons
particular make of grader
plaintiff enter
respect of any quantified sum of money
respondents contention
result of the applicant
special damages
stay of execution of proceedings
stay of execution of the said judgment
subject matter of this suit
view of the huge amount of money
written undertaking of the respondents
yard of the ghana national trading corporation

WUAKU J.A.: The plaintiff’s claim reads:

“1 (a) Specific performance of an oral agreement by which the defendants agreed to sell to the plaintiff and the plaintiff agreed to buy and have paid the sum of ¢800,000 to the defendants (i) one Komatsu motor grader model CD 37H No. 5183 at the cost of ¢535,000; (ii) One Hansome Hunt corn sheller at the cost of ¢175,000; and (iii) One old tractor four wheels at the cost of ¢100,000. (b) An injunction to restrain the defendants their servants or agents from using or disposing of or in anyway dealing with the machinery and for an order preserving the properties, the subject matter of this suit, pending the determination of the action. 2 Further or in the alternative the plaintiff claims ¢5,000,000 damages against the defendants for breach of the agreement referred to in paragraph 1 above. 3 Special damages for expenses incurred by the plaintiff in executing the agreement. 4 Such further or other reliefs as is just.”

During the pendency of the sui…

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