SOLKROC LIMITED
V.
ANGLOGOLD ASHANTI (GHANA) LIMITED

(2018) JELR 69609 (HC)    
High Court  ·  SUIT NO. P/RPC/100/15 ·  20 Jun 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
court
counsel
parties
exhibit
waste material
anglogold ashanti
standard chartered bank
breach of contract
plaintiff company
ja plant pool
loan agreement
date of final payment
evidence act
recovery of an amount of ghc
statement of claim
tonnes of ore
unexpired term of the contract
burden of proof
mining industry
plaintiff’s letter
plaintiff’s representative
said sum
supreme court
unfair breach of the contract
waste materials
acquisition of dump trucks
business setting
crux of the plaintiff
cubic meter highway dump trucks
customer’s scb account
defendant company
efficient performance of the contract
exhibit c series
exhibit d
exhibits b series
extra pages
make provision
managing director
monthly contract payments
notice of termination of the contract
plaintiff’s case
plant hire company
q. exhibit a
reasonable cause
termination of a haulage contract
time of termination of the contract
unilateral abrogation of a valid contract
various shafts of the defendant company

JUDGMENT

This suit arose from the termination of a haulage contract which the Defendant Company awarded to the Plaintiff Company sometime in March, 2013. The Plaintiff initiated the action on 26/06/2015 but amended the writ of summons and statement of claim on 10/12/2015. On 05/12/2017, the Plaintiff filed a “Further Amended Writ of Summons and Statement of Claim”. The Defendant however maintained its statement of defence filed on 16/12/2015.

These are the reliefs sought by the Plaintiff:

a) Declaration that the unilateral abrogation of a valid contract (No C4033) dated 11th April, 2013 by the Defendant is an unfair breach of the contract between the Defendant and the Plaintiff as the plaintiff relied on same to change its position to its detriment;

b) Recovery of an amount of GHC 1,961,331 being the value of the 17 months unexpired term of the contract which was wrongfully abrogated by the Defendant;

c) Interest on the sum as mentioned in relief (b) supra from November 2014 till date of f…

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