AMOFA KOFI KUSI v. UNICREDIT GHANA LIMITED
2019
HIGH COURT
GHANA
CORAM
- JUSTICE DR. RICHMOND OSEI-HWERE, J
Areas of Law
- Civil Procedure
- Evidence Law
- Contract Law
- Commercial Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, Justice Dr. Richmond Osei-Hwere adjudicated a dispute between a businessman and a bank concerning a fixed deposit of GH291,208.35 placed on 11 August 2017 at a contract interest rate of 20.5%. After the Kejetia Branch manager asked the investor to return another day, repeated visits to redeem the investment were refused. The bank issued an undertaking on 2 October 2018 to pay by 15 October 2018, and its head of legal affairs later promised payment by 10 November 2018; text messages also indicated redemption, yet funds were not released. The bank failed to attend trial and did not file witness statements, leading the court to strike out its defence under Order 32 rule 7A and proceed under Order 36 rule 1(2)(a), allowing the plaintiff to prove his claim. Applying the law of admissions and civil standards of proof, the court entered judgment for the plaintiff, ordering payment of the principal with 20.5% interest from 11 August 2017 and awarding costs of GH20,000.
JUDGEMENT
On the 4th of December, 2018 the plaintiff instituted an action against the Defendant. By his writ of summons, the plaintiff sought the following reliefs:
a. The recovery of the total sum of suns of GHC291, 208.35 being a fixed deposit investment made by the Plaintiff with the Defendant on 11th August, 2017.
b. Interest on the sum of the contract rate of 20.50% from 11th August, 2017 till date of final payment.
c. Cost including cost of litigation.
d. Any further order that this Honorable Court may deem fit.
Appearance was entered on behalf of the Defendant by its solicitor on the 6th of December, 2018 and a statement of defense was also filed on behalf of the defendant on 19th December, 2018.
On 20th December, 2018 the plaintiff filed an amended writ of summons and statement of claim. The reliefs sought were the same as the original writ.
After unsuccessful attempts at settlement the following issues were set down for trial namely:
1. Whether or not the Plaintiff’s investment was redeemed as at 15th October, 2017?
2. Whether or not the Plaintiff is entitled to his claim?
It is observed that per the Court’s records, the Defendant was duly served with hearing notices to attend court for the trial to commence but it failed to show up. This is evidenced by some of the affidavits of service sworn on 04/06/2019 and 06/06/2019.
The Defendant also failed to comply with the orders of the court to file its witness statements. The court consequently invoked Order 32 rule 7A of the High Court (Civil Procedure) (Amendment) Rules, 2014, CI 87 and struck out the defence of the Defendant.
With the continuous absence of the Defendant, the court had no option than to proceed with the case under order 36 rule 1(2)(a) of the High Court (Civil Procedure) Rules 2004, CI 47. It states:
Rule 1(2) where an action is called for trial and a party fails to attend, the trial judge may;
a. Where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim.
On the basis of the rule, the Plaintiff was allowed to prove his claim on the 04/07/2019. He relied on the witness statement filed on behalf of the Plaintiff on 07/06/2019.
The plaintiff’s case is that he is a businessman and invested an amount of GHs291, 208.35 in a fix deposit with the Defendant Company at an interest rate of 20.50% on the 11th of August, 2017. That, sometime in August 2018, he went to see the Kejetia Branch manag