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WEST AFRICA QUARRY LIMITED
V.
GODFRED SUMMABE & 3 ORS.

(2018) JELR 64934 (CA)

Court of Appeal 24 May 2018 Ghana
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- The plaintiff's claim against the defendants was dismissed by the trial court due to breach of agreement. - The trial court awarded general damages and costs to the defendants. - The plaintiff appealed the decision, arguing various ground

Case Details

Suit Number:SUIT NO.: H1/6/2018
Judges:MARIAMA OWUSU J.A. (PRESIDING), DENNIS ADJEI J. A., GERTRUDE TORKORNOO J. A.
Counsel:KWAME ADEBOR WITH ABIGAIL TETTEH FOR PLAINTIFF/APPELLANT, KWESI BLAY FOR 1ST & 2ND DEFENDANTS/RESPONDENTS, DAVID BONDORIN FOR 4TH DEFENDANT/RESPONDENT , MR. SAMUEL Q. ANSAH FOR 3RD DEFENDANT/RESPONDENT

MARIAMA OWUSU, J. A:

On 31st Day of July 2015, the High Court, Commercial Division, Accra, dismissed the Plaintiff’s case against the Defendants. In his judgment, the trial court held among other things as follows:

“I am of the opinion that, it was the plaintiff who rather breached the agreement/contract between them and Summabe and Affiliates or induced the breach. She ought not to benefit from her wrongful acts and so dismiss her case in its entirety against the Defendants.”

The Court then awarded general damages of US$ 7,500,000.00 or its cedi equivalent to the 2nd Defendant in addition to the payment of GH¢1,829,000.00 as top up for underpayment of the reimbursed cost for the concession. For the 3rd and 4th Defendants, the Court awarded US$3,500,000.00 and US$2,500,000.00 or its cedi equivalent as general damages respectively for loss of earnings and reimbursement of investment.

Interest was to run on all amounts awarded in respect of the general damages from date of judgment to date…

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