GEORGE KOFI YONYE VS RICHARD OTIBUAH

On 8th May, 2018, the Plaintiff instituted this action against the Defendant.

The writ of summons and statement of claim were subsequently amended on 23rd October, 2018 and endorsed with the following reliefs: i. Refund of USD9, 060. 00 or its cedi equivalent.

Interest on USD9, 060. 00 or its cedi equivalent from June, 2015 till date of payment.

The crux of the Plaintiff’s plaint is contained in paragraphs 3 to 10 of the amended statement of claim, a summation of which is as follows: According to the Plaintiff, sometime in June 2015, he gave an amount of USD9, 060. 00 to the Defendant to purchase electrical materials for him from Dubai, to enable him start a business.

The Plaintiff avers that upon purchasing the materials, the Defendant returned to Ghana and without his consent, sold same out and made a profit of USD2, 000. 00. The Plaintiff continues that he entered into an agreement with the Defendant for a refund of his monies by December, 2015. That instead of complying with the terms of the agreement, the Defendant went into hiding and vacated his residence at Kwashieman, Accra, for several months.

It is the Plaintiff’s case that the Defendant subsequently issued a post-dated cheque for the payment of the amount owed, but same was dishonoured upon presentation to the stated bank due to insufficient funds in the account of the Defendant.

The Plaintiff says further that he reported the conduct of Defendant at the Osu Police Station, upon which the Defendant was arrested and arraigned before the Circuit Court, Accra, on a charge of defrauding by false pretences.

The Plaintiff concludes by saying that to date, the Defendant has failed to retire its indebtedness to him, for which he prays for the reliefs sought.

From the records, upon failure to serve the writ of summons and statement of claim personally on the Defendant, same were served by substitution, following which the Defendant entered appearance through his Counsel on 18th October, 2018. Also per the Court’s records, the amended writ of summons and statement of claim were served on the Defendant through his Counsel.

I see that to date, he Defendant has failed to file a defence to the Plaintiff’s claim as required under Order 11 Rule 2 of the High Court (Civil Procedure) Rules, 2004(C. I. 47). On 30th May, 2019, the Plaintiff as Applicant filed a Motion on Notice for Judgment in Default of Defence.

Same was served on the Defendant as Respondent on 7th June, 2019. On 20th June, 2019, the Pl