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TOYOTA GHANA COMPANY LTD
V.
NEW RIVERS CAPITAL GROUP

(2017) JELR 64403 (CA)

Court of Appeal 23 Nov 2017 Ghana
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- The plaintiff filed a writ of summons claiming that they were not in breach of a bid security issued by Zenith Bank and sought an order restraining the defendant from calling on the bank to honor the bid security. - The defendant filed a

Case Details

Suit Number:SUIT NO.BMISC/226/2012
Judges:JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:MR. OPOKU AMPONSAH WITH JACQUELINE KWENIN FOR THE PLAINTIFF; MR. RICHARD TWUMASI ANKRAH FOR THE DEFENDANT.

JUDGMENT

ACKAAH- BOAFO, J.

Introduction:

[1] By a writ of summons issued on December 16, 2011 the Plaintiff claims against the Defendant the following reliefs:

i. A Declaration that Plaintiff is not in breach of the terms of the 2% Bid security issued by Zenith Bank on the 29th September, 2011

ii. An order restraining the Defendant from calling on Zenith Bank to Honour the 2% Bid security dated 29th September, 2011 issued in favour of the Plaintiff

iii. Cost

iv. Any other relief that this Honourable court may deem fit

[2] After the service of the writ and its accompanying statement of claim on the Defendant, Appearance was entered after which a statement of defence and Counterclaim were filed by the Defendant on January 31, 2012 to which the Plaintiff filed a reply and defence to the Counterclaim on April 2, 2012.

Plaintiff’s Claim

[3] The case of the Plaintiff is that on Wednesday September 28, 2011 the Defendant invited from the Plaintiff and other firms tenders for the supply of specific goo…

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