BRIDGET ANKONAH-DIAWUOH vs BAYPORT SAVINGS AND LOANS PLC

WHEREAS:

1. The Plaintiff, on 19th May, 2022 issued a Writ of Summons and Statement of Claim against the Defendant for the following reliefs:

a) A declaration that Defendant was negligent in failing to ensure that Plaintiff’s details were removed from Dun & Bradstreet.

b) A declaration that Plaintiff suffered damage as a result of Defendant’s failure to remove her details from the Credit Reference Bureau.

c) An amount of Two Hundred Thousand Ghana Cedis (GH¢200,000.00) as damages for the loss of business and employment opportunity by Plaintiff

d) Costs on full indemnity basis.

2. The Plaintiff’s husband, Francis Ankonah-Diawuoh, also filed an earlier Writ against the Defendant on 10th June, 2021 (“the First Suit”) praying for the following reliefs:

a. Declaration that the sale conducted by the Defendant on 22nd May, 2021 was based on fraud perpetuated on Plaintiff.

b. Declaration that the sale conducted by the Defendant on 22nd May, 2021 is irregular and does not comply with the provisions of the Auction Sales Law PNDCL 230.

c. An Order setting aside the sale allegedly carried out on 22nd May, 2021 and a further Order directed at the Defendant to refund any payments received back to the Purchaser.

d. Damages.

e. Cost on full indemnity basis.

3. The Defendant filed a Statement of Defence and Counterclaim against the Plaintiff in the First Suit for the following reliefs:

a. An Order for the recovery of the sum of Seventeen Thousand, Four Hundred and Sixty-Two Ghana Cedis and Four Pesewas (GH¢17,462.04) being debt owed the Defendant by the Plaintiff.

b. Interest on the said amount of Seventeen Thousand, Four Hundred and Sixty-Two Ghana Cedis and Four Pesewas (GH¢17,462.04) being debt owed the Defendant by the Plaintiff.

c. Damages for breach of contract.

d. Costs including but not limited to legal fees.

4. The First Suit is currently pending in Commercial Court 2 of the Commercial Division of the High Court, Accra.

5. After a series of meetings between the Parties aimed at settling both suits amicably, the Parties have agreed to settle this matter on the terms and conditions stated hereunder.

NOW THIS TERMS OF SETTLEMENT WITNESS AS FOLLOWS:

1. That the Defendant shall pay to the Plaintiff the sum of Thirty Thousand Ghana Cedis (GH¢30,000.00) as full and final settlement of the suit upon the execution of these Terms of Settlement by the Parties, payment of which the Plaintiff hereby acknowledges and from same discharges, the Defendant