COOZI TECHNOLOGIES AND COMMUNICATIONS ALLOCATION v. KASAP TELECOM LTD & ANOR
2018
HIGH COURT
GHANA
CORAM
- ERIC K. BAFFOUR, ESQ. JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Commercial Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff seeks the return of $500,000 paid towards an International Gateway Services License from the Defendants. Plaintiff claims it terminated the agreement due to practical difficulties and the potential takeover of 1st Defendant. The 1st Defendant counterclaims for the remaining balance or damages, asserting the Plaintiff's breach caused substantial financial issues for them. The court must decide on the validity of the termination, respective breaches, and rightful claims and counterclaims.
JUDGMENT
Plaintiff claim the following reliefs endorsed on its amended writ issued against the Defendant:
i. A declaration that the sum of Five Hundred Thousand US Dollars ($500,000) 1st Defendant paid to the 2nd Defendant as part payment for the International Gateway Services License is the property of the Plaintiff.
ii. An order directed at the 2nd Defendant to refund to the Plaintiff the sum of Five Hundred
Thousand United States of America Dollars (US$500,000.00), 1st Defendant paid to it as part payment of the International Gateway.
iii. An order directed at the 1st Defendant to pay interest on the said sum of Five Hundred
Thousand United States of America Dollars (US$500,000.00) to the Plaintiff from 1st February, 2013 to date of final payment.
iv. An order directed at the 2nd Defendant to pay interest on the said sum of Five Hundred
Thousand United States Dollars (US$500,000.00) to the Plaintiff from 1st February, 2016 to date of final payment.
v. Costs inclusive of legal and administrative cost against 1st Defendant
Or in the alternative
vi. An order directed at the 1st Defendant to refund the sum of Five Hundred Thousand United States America Dollars (US$500,000.00). Plaintiff paid to it as part payment of the International Gateway Services License Fee.
In Plaintiff’s amended statement of claim it states that by an International Gateway Services Funding Agreement dated 1st February, 2013 between Plaintiff and 1st Defendant, the Plaintiff was to finance the acquisition by 1st Defendant of a license at the cost of Two Million, One Hundred Thousand US Dollars ($2,100,000.00) for the operation of an International gateway services. To Plaintiff after the execution of the agreement it advanced $500,000.00 to 1st Defendant as part payment of the license fee and who also paid the money to 2nd Defendant. Plaintiff avers that after the payment of the money matters have emerged which has made the implementation of the gateway service funding agreement with 1st Defendant practically impossible. One being an attempted takeover of 1st Defendant with the acquisition of majority of its shares and the second being the future prospect of 1st Defendant’s business as 1st Defendant’s share in the telecommunication sector keeps dwindling by the day.
Plaintiff contend that it notified 1st Defendant of its intention to terminate the agreement and demanded for a refund of the $500.000.00 it paid to 1st Defendant as part payment of the license fee. And termina