LION SEECURITY SERVICES LIMITED vs SMT VOLVO GHANA LIMITED

On 4th January, 2018, the Plaintiff instituted this action against the Defendant for the following reliefs as endorsed on the writ of summons and statement of claim:

a. The sum of Eighteen Thousand, Five Hundred and Sixty-Five Ghana Cedis(GH¢18, 565. 00) being the total outstanding debt owed by the Defendant to the Plaintiff for services rendered to it between the months of November 2016 to January 2017.

b. Interest on the above sum at the current bank rate from due date of payment until date of final judgment and thereafter at the prevailing bank rate until date of final payment.

c. General damages for breach of contract.

d. Costs inclusive of legal fees.

The gravamen of the case is contained in paragraphs 3 to 10 of the statement of claim, a summation of which is as follows: According to the Plaintiff, sometime in February 2016, it entered into an agreement with the Defendant to render security services for the Defendant at an agreed fee.

The Plaintiff says that this fee has been reviewed over the years depending on the number of security guards required by the Defendant, the number of security hours of work and the location of the premises to be guarded.

The Plaintiff continues that the Defendant for a period reneged on its duty to honour its invoices whenever same fell due, thus causing the Plaintiff and its employees grave financial distress.

The Plaintiff claims that between November 2016 and January 2017, the Defendant continuously failed to honour its invoices.

The Plaintiff says further that despite the recurrent failure of the Defendant to honour its obligations, it continued to render security services in fulfillment of its’ obligations to the Defendant until it was compelled to terminate the relationship with Defendant via a one-month prior notice of termination sent to the Defendant, dated 1st December, 2016, to be effective from 1st January, 2017. It is the case of the Plaintiff that as at the date of termination, the Defendant was indebted to it to the tune of Eighteen Thousand, Five Hundred and Sixty–Five Ghana Cedis (GH¢18, 565. 00). The Plaintiff says also that following the termination of the relationship between the parties, it has made several demands on the Defendant to settle its indebtedness to it, the most recent of such demands being a demand letter and notice to commence legal action delivered by Plaintiff’s solicitors to the Defendant on November 8th 2017. The Plaintiff concludes by saying that several demands on the De