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DR. SETH OPOKU VS SIR ERNEST FARMS AND LOGISTICS LTD.

2019

HIGH COURT

GHANA

CORAM

  • JUSTICE GIFTY AGYEI ADDO

Areas of Law

  • Civil Procedure
  • Contract Law
  • Probate and Succession

AI Generated Summary

This case involves a claim by the Plaintiff, as administrator of his deceased wife's estate, against the Defendant for unpaid debts. The Plaintiff sought to recover GH¢467,618 for goods sold to the Defendant through his late wife's enterprise. The Defendant, despite being served, failed to file a defence. The court, applying the rules of civil procedure, entered a default judgment in favor of the Plaintiff. The court awarded the Plaintiff GH¢35,618 and GH¢432,000 for two separate transactions, with interest at the commercial bank lending rate from the respective dates of the transactions. The court slightly adjusted the claim amount based on the evidence presented. The case highlights the procedures for default judgments, the rights of estate administrators to pursue debts, and the court's discretion in adjusting claims based on evidence. Costs of GH¢10,000 were also awarded to the Plaintiff.

JUDGMENT