K-MENS CONNECT & MANAGEMENT v. CHIRANO GOLDMINES LIMITED
February 7, 2023
HIGH COURT
GHANA
CORAM
- HIS
- LORDSHIP JUSTICE KWAME AMOAKO
Areas of Law
- Alternative dispute resolution
February 7, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
Per Writ of Summons filed on 23rd November 2021, the Plaintiff claims against the
Defendant as follows:
I. A declaration that the plaintiff is entitled to be remunerated for its service,
rendered to the defendant in the processes leading to the formation and
setting up of a successful Foundation by way of ‘quantum meruit.’
II. Recovery of the aggregate total sum of GH₵147,000 as assessed by the
Plaintiff for the months of August, 2018, September, 2018, October, 2018
and November, 2018 to date of payment at the commercial rate and
III. Further or any other relief(s) as in the circumstances may be just.
On 15th December 2022, the Parties herein filed Terms of Settlement. The Terms
of the Settlement were essentially as follows:
“1. By a Writ of Summons and Statement of Claim filed on 23rd November,
2021 the Plaintiff claimed against the Defendant the following reliefs:
i. A declaration that the Plaintiff is entitled to be remunerated
for its services rendered to the Defendant in the processes
leading to the formation and setting up of a successful
Foundation by way of "quantum meruit";
ii. Recovery of the aggregate total sum of GH₵147,000.00 as
assessed by the Plaintiff for the months of August 2018,
September 2018, October 2018 and November 2018 to date of
payment at the commercial rate; and
iii. Further or any other relief(s) as in the circumstance may be
just.
2. The Defendant entered appearance through its lawyers on 1st December, 2021
and filed a Statement of Defence on 15th December, 2021.
3. The Plaintiff filed an Application for Directions on 8th February, 2022.
4. The Defendant filed additional issues on 22nd February, 2022.
5. Subsequently, the Plaintiff and Defendant (together, the "Parties") have
agreed to settle the dispute.
THE PARTIES NOW THEREFORE MUTUALLY AGREE AS FOLLOWS:
6. That the Defendant shall pay to the Plaintiff the sum of EIGHTY
THOUSAND GHANA CEDIS (GH₵80,000) (‘Agreed Amount’) as full and
final settlement of all fees, compensation, demand, claims, interest,
honorarium, legal costs (howsoever called) claimed by the Plaintiff.
7. That the Defendant shall credit the Plaintiffs account with the Agreed
Amount within one (1) week after the adoption of these Terms of Settlement
by the court.
8. That payment by the Defendant pursuant to these Terms of Settlement shall
be made into the following account:
ACCOUNT NAME: STEPHEN WILKS KOFI
ACCOUNT NUMBER: 4121120000203
BANK: GCB BANK LTD
BRANCH
AI Generated Summary
In the Ghana High Court, the plaintiff sought remuneration on a quantum meruit basis for services rendered to the defendant in establishing a foundation, initially claiming declaratory relief and GH₵147,000. After pleadings and directions, the parties filed Terms of Settlement on 15 December 2022. The defendant agreed to pay GH₵80,000 as full and final settlement, credit the plaintiff’s GCB Bank account within one week of adoption, and the plaintiff agreed to an irrevocable release; the terms also stated the settlement did not constitute an admission of liability and was all-inclusive of costs and fees. Applying section 72 of the Courts Act and section 1 of the ADR Act, the court determined the tort action was amenable to ADR, granted the prayer to adopt the terms, entered a consent judgment, disposed of the case, and made no order as to costs.