BROLL GHANA LIMITED vs GHANA-LIBYAN ARAB HOLDING COMPANY LIMITED]

Per a Writ of Summons and Statement of Claim filed on the 8th of August, 2018 the Plaintiff mounted this action in the Registry of this Court, claiming against the Defendant, the following reliefs endorsed on the Writ of Summons:

a. An order for the Defendant to refund to the Plaintiff the amount of One Hundred and Thirty-Four Thousand, One Hundred and Thirty-Seven United States Dollars, Fifty Cents (US$134,137.50) being outstanding Management fees as at 31st March 2018.

b. Interest on the amount of One Hundred and Thirty-Four Thousand, One Hundred and Thirty-Seven United States Dollars, Fifty Cents (US$134,137.50) from the 31st March to the date of final payment at the prevailing bank lending rate.

c. Costs occasioned by this suit.

d. Other just and equitable reliefs.

Plaintiff’s Case

It is the case of the Plaintiff that, it entered into a Property Management Agreement with the Defendant on the 1st of February, 2016 to manage, control and supervise the Oxford Street Mall belonging to the Defendant.  The Plaintiff states that the Defendant in the said Property Management Agreement agreed to pay the Plaintiff a monthly Management fee of Nine Thousand, Five Hundred United States Dollars (US$9,500.00) plus Value Added Tax (VAT) and National Health Insurance Levy (NHIL) which amount was due and payable on the first day of each month from the commencement date, and thereafter payable on the first day of every succeeding month. The Plaintiff avers that the parties further agreed that a Leasing fee of one (1) month average rental payable by a Tenant over the lease period in respect of new leases negotiated by the Plaintiff, and 50% of one month's average rental payable by a tenant over a lease period in respect of lease renewals negotiated by the Plaintiff shall be paid to the Plaintiff by the Defendant. The Plaintiff further avers that it was stated under Section 10 of the Agreement that either party could terminate the Agreement summarily and recover any damages if the other party fails to make any payment on due date and it remains in default for five working days after receiving written notice to make such payment.

The Plaintiff contends that the Defendant breached the said Agreement by blatantly refusing to pay its Management fees from October, 2016 to June 2017; a period of nine (9) months, in the amount of One Hundred thousand, Four Hundred and Sixty-Two United States Dollars and Fifty Cents (US$100,462.50) and outstanding leasing commissions totali