EMMANUEL BRIGHT ATOKOH vs DHL GHANA LTD.

WHEREAS:

A. By a Writ of Summons and a Statement of Claim filed on 9th September, 2022, the Plaintiff commenced this case against the Defendant and claimed the following reliefs endorsed the said processes:

a. A declaration that Defendant breached its contractual and fiduciary duty to Plaintiff when it has till date failed, refused and or neglected to return for non-delivery the shipment of 7 Express East Doc (HEARING NOTICE, ORDER, MOTION) Waybill No. 1684148911 since June 2019.

b. A declaration that Defendant has been negligent in handling the shipment meant for Plaintiff containing a Bill of Lading with Way Bill No. 4094269174 and thereby occasioned for Plaintiff stress, anxiety, inconvenience, trauma and embarrassment.

c. General damages for breach of contract and negligence respectively on reliefs (a) and (b) herein in the sum of Two Million Ghana Cedis (GH¢2,000,000.00) as well as aggravated damages in the sum of Three Million Ghana Cedis (GH¢3,000,000.00) for Defendant’s failure to return the parcel with Waybill No. 1684148911 since June 2019.

d. Special damages in the sum of Two Thousand Six Hundred and Ninety Ghana Cedis (GH¢2,690.00)

e. Costs including legal fees.

f. Any further orders that this Honourable Court may deemed fit.

B. The Defendants entered an Appearance on 6th October, 2022.

C. The Parties have voluntarily agreed to settle this matter out of Court, upon the terms stated in these Terms of Settlement.

NOW THIS SETTLEMENT AGREEMENT WITNESS AS FOLLOWS:

1. It is agreed that Defendant shall pay Eight Thousand Ghana Cedis (GH¢8,000.00) (the “Settlement Amount”) to the Plaintiff by bank transfer within 2 weeks of the adoption of these Terms of Settlement by the Court as its Consent Judgment.

2. The Settlement Amount shall be paid by the Defendants within a period of Twelve (12) months of the execution of these Terms of Settlement.

3. These Terms of Settlement are meant to resolve the matter amicably, and do not mean that a finding of liability has been made against any party.

4. These Terms of Settlement amount to the full and final settlement of, and extinguish, any past, present or future claims or rights of action that the Plaintiff and the Defendant have, may have had, or may have, against each other, in relation to the transactions and matters underlying this case.

5. As soon as the Plaintiff accepts the Settlement Amount, the Defendant (its related companies, directors, officers, employees and insurers) shall be re