ALBERT BIGA vs PAUL OTENG BOADI

This matter having come before her Ladyship Justice, Mrs. Angelina Mensah-Homiah for Pre-Trial Conference the Parties have agreed to settle their differences as follows: WHEREAS: 1. That the Plaintiff caused a Writ of Summons and Statement of Claim to be issued on 19th day of July, 2019 against the Defendant for the following reliefs: a. The payment of the sum of US$42, 000. 00, being the outstanding balance owed the Plaintiff under the contract of sale.

b. Interest on the above sum US$42, 000. 00 at the prevailing bank rate from the 1st of September, 2011 till date of final payment.

c. The payment of the sum of US$5, 000. 00 being the penal sum agreed between the Parties.

d. Cost. e. Any other remedy as the Court may consider fit to Order.

2. The Defendant herein entered appearance through his Solicitor and subsequently filed a Statement of Defence and Counterclaim, to be later amended on 19th November 2018, seeking the following: . An Order directed the Plaintiff to set off the sum of Thirteen Thousand, One Hundred and Fifty-Six United States Dollars (US$13, 156. 00) against the balance of the purchase price of the property, the subject matter of this suit.

b. An Order directed at the Plaintiff for the recovery of an amount of Eight Thousand, One Hundred and Fifty-Six United States Dollars (US$8, 156. 00)to be paid to the Defendant being the amount outstanding after the set-off.

c. Interest on the sum of Eight Thousand, One Hundred and Fifty-Six United States Dollars (US$8, 156. 00) at the Commercial Bank of Ghana rate from 1st March, 2011 till date of final payment.

d. An Order directed at the Plaintiff to immediately cause the transfer of legal title of the property located at Ogbojo, East Legon, Accra to the Defendant.

3. The suit is currently at the stage of Pre-Trial Settlement.

4. The Parties herein have agreed to settle the dispute between the amicably.

5. WHEREFORE THE PARTIES TO THIS ACTION have expressly stated and agreed that the final, full and complete settlement of the instant action will be as follows: a. The Defendant shall pay to the Plaintiff a sum of Six Thousand United States Dollars (US$6, 000. 00), hereinafter referred to as “the Settlement Sum”, in full satisfaction of all heads of claim which form the basis of the Plaintiff’s action.

b. The Settlement Sum shall be paid lump sum by a post-dated cheque, which the Defendant shall deposit with the Plaintiff’s Lawyers, Minkah Premo &Company, to be held by same until the