CHARLES AWOTWE-PRATT & ORS VS MCOTTLEY M. LENDING LTD.
April 4, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI
Areas of Law
- Contract Law
- Civil Procedure
- Banking and Finance Law
April 4, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court action arose from investments by Charles AwotwePratt and three coplaintiffs in the defendants Gold Investment Certificates promising 40% interest. After the writ issued in March 2018, the 1st plaintiffs witness statement (made on behalf of all plaintiffs) and exhibits were admitted. The defendant then neglected to file witness statements and its defence was struck out pursuant to the civil procedure rules. The court confirmed service and, under Order 36 rule 1(2) of C.I. 47/04, proceeded to hear the case in the defendants absence. On uncontroverted documentary evidence, the court found a valid investment contract, plaintiffs performance, and total nonperformance by the defendant, a nonbanking financial institution. Holding the contractual interest enforceable under C.I. 52/2003, the court granted all monetary reliefs, awarded general damages for breach of contract, and costs in favour of the plaintiffs.
On 23/03/2018, Plaintiffs took a writ of summons from the Registry of this Court in which they have indorsed, recovery of various sums of money.
The 1st Plaintiff is seeking an order for recovery of GH¢60, 000. 00 with interest at the rate of 40% agreed on by the parties from November, 2017 till date of final payment.
The 2nd Plaintiff is seeking recovery of GH¢50, 000. 00 with interest at the rate of 40%agreed on by the parties from the 2nd day of November, 2017 till date of final payment.
And the third (3rd) Plaintiff has requested for recovery of GH¢6, 000. 00 with interest at the rate of 40% agreed on by the parties from 2nd day of November, 2017 till date of final payment.
Lastly, 4th Plaintiff is seeking recovery of GH¢6, 000. 00 with interest at the rate of 40%agreed on by the parties from 2nd day of November, 2017 till date of final payment.
Besides, Plaintiffs have endorsed a claim for damages and cost against the Defendant.
The statement of claim shows the details of Plaintiffs claim against the Defendant.
On 27/06/2018, Counsel for Plaintiffs filed a witness statement on behalf of 1st Plaintiff/Charles Awotwe-Pratt as ordered by this Court.
The witness statement has been made for and on behalf of the other Plaintiffs.
And it has been admitted as the evidence-in-chief, alongside all the annexures.
Earlier on application for Direction was taken, and Defendant who had neglected to file witness statements had its statement of defence struck out, in accordance with ORDER 7 A of C. I. 87, which amended ORDER 38 OF C. I. 47/04. On 12/02/2019, case management conference was held and the case was adjourned to 19/03/2019 for definite hearing.
On all the occasions that this Court transacted business by way of taking proceedings, and giving directions for the trial, Hearing notices had been ordered and served and the proof is on the record.
On 19/03/2019 when evidence was herd, this Court had jurisdiction when it proceeded in the absence of the defendant.
ORDER 36 Rule 1(2)of C. I. 47/04 permits this Court to proceed, as stated above.
The 1st Plaintiff, tendered EXHIBITS ‘A, A1, A2, A3, A4 and B, C and D, D1, D2, D3 and E and F and G’ in support of the evidence-in-chief.
There was no cross -examination of him because, defendant chose to stay away.
Exhibit ‘A’ which is on Defendant’s letter head is described as a Gold Investment Certificate of purchase dated 27/03/2015 where GH10, 000. 00 is the value quoted, and 40% the rate with 27/09/2019,