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ERIC DUORINAAH VS GOLD COAST FUND MANAGEMENT

2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO

Areas of Law

  • Banking and Finance Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

This case involves a dispute between a Plaintiff investor and a Defendant bank. The Plaintiff invested a total of GH₵200,000.01 with the Defendant, which was to mature on August 28, 2018, with a total due amount of GH₵212,211.45. When the Defendant failed to repay the full amount, making only a partial payment of GH₵100,000.00, the Plaintiff sued for the recovery of the outstanding balance of GH₵112,211.54, plus interest and damages. The Defendant failed to enter an appearance after being served, leading the Plaintiff to file for a default judgment. The court granted judgment in favor of the Plaintiff, awarding the outstanding balance plus interest at the prevailing commercial bank lending rate from August 2018 until final payment. The court refused the claim for damages, considering the interest award sufficient compensation. Costs of GH₵4000.00 were also awarded to the Plaintiff. The case highlights principles of default judgment, interest awards, and the court's discretion in awarding damages in contractual disputes.

JUDGMENT