JUSTICE AMELORVOR vs ZOOMLION GHANA COMPANIES LTD

The Terms of Settlement filed on the 31st of May, 2023 and duly executed by the parties and their respective counsel are hereby adopted as Consent Judgment of this Court.

1. WHEREAS

The Plaintiff commenced a suit against the Defendant claiming the following reliefs endorsed on the Writ of summons and Statement of Claim:

a. An order directed at the Defendant to pay its total indebtedness of Four Hundred and Twenty-One Thousand and One Hundred and Thirty-Eight Ghana Cedis (GH¢421,138.00) to the Plaintiff

b. Interest on the said individual transactions outstanding amounts at the prevailing Bank rate from 12th March, 2021, 22nd March, 2021 and 17th May, 2021 respectively to the date of final payment.

c. Costs including solicitor’s fees.

2. The Defendant upon being served with the Plaintiff’s Writ and Statement of Claim failed to either enter appearance or file its defence within the period required by the rules of Court.

3. The Plaintiff on 20th March, 2023 caused to be filed at the registry of the High Court, Commercial Division, a Motion on Notice for Judgment in Default of Appearance.

4. The High Court, Commercial Division 9, Accra, presided over by Her Ladyship Justice Akua Sarpomaa Amoah (Mrs.) upon hearing the above motion on 5th April, 2023, delivered judgment in favour of the Plaintiff against the Defendant as follows:

(a) The Plaintiff is to recover from the Defendant the sum of Four Hundred and Twenty-One Thousand and One Hundred and Thirty-Eight Ghana Cedis (GH¢421,138.00) being Defendant’s total indebtedness.

(b) Interest shall be payable on the said sum of Four Hundred and Twenty-One Thousand and One Hundred and Thirty-Eight Ghana Cedis (GH¢421,138.00) at the prevailing Commercial Bank rate from 5th day of April, 2023 till date of final payment.

(c) Costs of Twenty Thousand Ghana Cedis (GH¢20,000.00) in favour of Plaintiff against the Defendant.

5. The Plaintiff consequently filed Entry of Judgment on 9th May, 2023.

6. The Defendant on 17th May, 2023 appointed Stephen Sowah Charway of Oseawuo Chambers and Co., as its solicitor, and subsequently filed a motion to stay execution and set aside the above default judgment on the same day.

7. The Plaintiff and the Defendant have voluntarily agreed to settle this suit on the following terms:

a) That the Defendant pays only the full principal sum of Four Hundred and Twenty-One Thousand and One Hundred and Thirty-Eight Ghana Cedis (GH¢ 421,138.00) being its total indebtedness to the P