J U D G M E N T
The Plaintiff claims against Defendant per his Writ of Summons as follows:-
1. An Order directed at the Defendant to pay to the Plaintiff the sum of:-
a) Fifty Four Thousand, One Hundred and Sixty-Three Euros
Fourteen Cents (€54,163.14) being funds transferred into
Defendant’s U.K. accounts to be paid to Plaintiff in Ghana.
b) One Thousand, Nine Hundred and Fifty Seven Euros, Sixty-Two
Cents (€1,957.62) as air fare for Three (3) times travelled to Ghana
in an attempt to recover her money from the Defendant being
Special Damages.
2. Interest on the total claim at the fore-going Commercial Bank interest
rate till final payment.
3. General Damages for the lost time and business opportunities by
virtue of Defendant’s direct actions.
4. Cost incidental to this action as well as legal fees.
At the end of the pleadings, the following issues were set down for trial.
a) Whether or not the Parties agreed that the Sixty Thousand Euros
(€60,000.00) transferred to Defendant’s U.K. Accounts was to be paid in
Euros to Plaintiff in Ghana?
b) Whether or not the Defendant is in breach of their agreement?
c) Whether or not the Plaintiff is entitled to the reliefs indorsed on her Writ of
Summons and its accompanied Statement of claim filed at the Registry of this
Honourable Court?
d) Any further/other issues as may be raised during the trial of this case by the
Court.
After the application for Directions was taken on the 22nd February, 2022 the
Court ordered the Parties to file their respective Witness Statements
simultaneously on or before 15th March, 2022. The case was then adjourned
to 5th May 2022 for C.M.C.
On 5th May 2022, the Plaintiff had filed her Witness Statement but the
Defendant refused to file his. The Court therefore invoked Order 32 Rule 7A
(3) (b) and struck out the Defendant’s defence. The Plaintiff was ordered to
serve the Defendant with a Hearing Notice for the matter to proceed.
On the 23rd day of May 2022, the Defendant filed a Motion on Notice to restore
his Statement of Defence which was struck out on 5th May 2022 and for leave
to file his Witness Statement.
However on the return date, neither the Defendant nor his Counsel was in
Court to move the Motion. The Court therefore struck out the Defendant’s
Motion to restore his Statement of Defence and leave to file his Witness
Statement. The Plaintiff was once again ordered to serve the Defendant with
Hearing Notice. When the Plaintiff duly served
