BATTIS COMPANY LIMITED v. ACCENT FINANCIAL SERVICES
2018
HIGH COURT
GHANA
CORAM
- DOREEN G. BOAKYE-AGYEI (MRS.)
Areas of Law
- Contract Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sued Defendant to recover matured investment plus interest, damages for breach of contract, and costs. Defendant did not respond leading to default judgment. Plaintiff had invested idle funds with Defendant which were not repaid on maturity, forcing Plaintiff to take commercial loans for their projects. Court awarded Plaintiff the sum claimed with additional damages, emphasizing that damages should not enrich but restore pre-breach position.
JUDGMENT
The Plaintiff sued the Defendant on 6th November, 2017 and claimed as follows:
a) An order for the recovery of the sum of Four Hundred and Eighty Three Thousand, Nine Hundred and Thirteen Ghana Cedis and Forty Three Pesewas (GHS483, 913.43) being the matured value of the investment with the Defendant. Interest on the matured value of the investment based on the prevailing commercial interest rate counting from the day of the breach until date of final payment.
b) General damages for breach of contract.
c) Cost of initiating this legal action including Solicitor’s cost. e. Any further or other reliefs that this Honourable Court mat deem fit.
Defendant was duly served on 8th November, 2017 but failed to Enter an Appearance or cause one to be entered on their behalf until 15th January, 2018. An Amended Writ of Summons and Statement of Claim was filed on 23rd January, 2018 without leave pursuant to the rules and same was also served on Defendant on 24th January, 2018 to which they did not Enter Appearance. An Application for an Order to Preserve Property was filed together with the Amended Processes and also served on the same day, fixed for 2nd February, 2018. Supplementary Affidavit in Support and a Hearing Notice ordered by the Court were also served on Defendant per the records. The Application was heard and granted on 13th February, 2018. On 13th March, 2018 Plaintiff Counsel filed an Application for Judgment in Default of Defence, served same on Defendant with no reaction. The Court heard and granted same on 9th April, 2018 granting the reliefs except relief c and d endorsed on the Amended process. Those reliefs were for an order for judicial sale of the land described in paragraph 15 of the Amended Statement of Claim and General damages for breach of Contract. The Court adjourned same for evidence to be led and Defendant was once more served with a Hearing Notice but was a no-show.
Plaintiff’s evidence through its witness the Accountant of the company was that Plaintiff Company was into real estate and commercial building with contracts awarded by entities to them to build for them. That for such projects awarded to them, they would usually be given initial mobilization to start until such time as the Consultant would issue a certificate certifying the work done so far for more monies to be released. That Defendant was one of the financial institutions they dealt with to invest idle cash to recoup with interest. Essentially he says what h