LISS PETROLEUM LIMITED VRS. GENERAL SHIPPING & TRADING SERVICES LTD. AND ANOTHER (E2/59/2019) [2024] GHAHC 173 (23 July 2024)

LISS PETROLEUM LIMITED VRS. GENERAL SHIPPING & TRADING SERVICES LTD. AND ANOTHER (E2/59/2019) [2024] GHAHC 173 (23 July 2024)

Plaintiff failed to adduce sufficient documentary evidence to prove payment of the claimed amount and outstanding balance; Defendants failed to prove illegality, mistake, or harassment. Both claims and counterclaims are dismissed due to lack of credible evidence.

Citation
LISS PETROLEUM LIMITED VRS. GENERAL SHIPPING & TRADING SERVICES LTD. AND ANOTHER (E2/59/2019) [2024] GHAHC 173 (23 July 2024)
Parties
Plaintiff: Liss Petroleum Limited; 1st Defendant: General Shipping & Trading Services Ltd.; 2nd Defendant: Justice Asare
Court
ghahc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claims dismissed; Defendants' counterclaims dismissed; No order as to costs.
Legal Topics
Breach of Contract, Illegality in Contract, Statute Barred Claims, Counterclaims, Burden of Proof
Source Language
eng
Contract Law Commercial Law Breach of Contract Illegality in Contract Statute Barred Claims Counterclaims Burden of Proof

Case Brief

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Parties

Liss Petroleum Limited

Plaintiff

General Shipping & Trading Services Ltd.

1st Defendant

Justice Asare

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether there was a valid contract between the parties for supply of gas oil
  2. 2 Whether the Defendants breached the contract
  3. 3 Whether the Plaintiff is entitled to the reliefs claimed

Ratio Decidendi

Plaintiff failed to adduce sufficient documentary evidence to prove payment of the claimed amount and outstanding balance; Defendants failed to prove illegality, mistake, or harassment. Both claims and counterclaims are dismissed due to lack of credible evidence.

Court Disposition

Plaintiff's claims dismissed; Defendants' counterclaims dismissed; No order as to costs.