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GHACEM LIMITED VS SAMUEL YAW NYAMPONG

2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.

Areas of Law

  • Commercial Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

This case involves a commercial dispute between a cement producer (Plaintiff) and its distributor (Defendant). The Plaintiff sued the Defendant for non-payment of goods supplied on credit. The Defendant had initially agreed to pay via cash cheques, which were subsequently dishonored due to insufficient funds. Despite reminders, the Defendant failed to settle the outstanding amount of GH₵1,114,740.69. The Plaintiff filed a suit, and the Defendant was properly served but failed to enter an appearance. The court, applying Order 10 Rule 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), entered a default judgment in favor of the Plaintiff. The court ordered the Defendant to pay the full outstanding amount, interest at the prevailing commercial bank lending rate from February 2018 until final payment, and costs of GH₵10,000.00. This case underscores the importance of fulfilling contractual obligations in commercial relationships and the consequences of failing to respond to legal proceedings.

JUDGMENT