IN THE SUPREME COURT OF BELIZE A.D.

2007

CLAIM NO.: BETWEEN BETTER CHICKENS LIMITED CLAIMANT

AND

TECH LIMITED

DEFENDANT

STATEMENT OF CLAIM

1.

The Claimant was at all material times a limited liability company with its principal place of business located at 15 Wakeforest Drive, Belize City, Belize.

2.

The Defendant was at all material times a limited liability company which manufactures and supplies boilers and water pumps, with its principal place of business at 12 Albert Street, Belize City, Belize.

3.

On the 30th of May 2007, Ms. Aubrey Thompson, managing director of the claimant Company met with the managing director of Tech Ltd., The claimant and defendant then entered into a contract for the sale and purchase of a reconditioned boiler for the sum of $500,000.00. A copy of which is affixed hereto.

4.

At the time of the contract the defendant knew that the claimant needed the electric boiler to be in continuous use at the claimants factory 7 days a week to keep the chickens at a particular temperature.

5.

It was thus an implied term of the contract under the Sale of Goods Act that the boiler would be in a satisfactory condition and reasonably fit for the purpose.

6.

In breach of the said implied terms the boiler was not in a satisfactory condition nor reasonably fit for the purpose.

7.

The unit failed to operate and all the water drained out, causing the boiler to overheat.

8.

The boiler had a defective thread which prevented the proper fastening of the impeller retaining nut.

9.

As a result of the defendants breach the Claimant suffered loss and damages.

10. 11. 12. 13.

12,000 chickens valuing $100,000 died. The Claimant also suffered a production loss of $60,000. The cost of replacing the defective boiler is $650,000 The claimant seeks interest pursuant to section 166 of the Supreme Court of Judicature Act at such rate as the honourable Court deems fit.

And the Claimant claims. 1. 2. 3. Damages for breach of contract Interest as stated above Costs

Dated this

day of

, 2007.

MARLEY & COLEMAN Attorneys-at-Law

Per: JERMAINE COLEMAN

STATEMENT OF TRUTH

I believe that the facts stated in this Statement of Case are true.

______________________________ AUDREY THOMPSON MANAGING DIRECTOR

DELIVERED on the day of , 2007 by MARLEY & COLEMAN of No. 14 Fulton Road, Belize City, Belize, Attorneys-at-Law for the Claimant.