LOW PRICE MASTER LIMITED VS EDWARD AKPITSE
2024
HIGH COURT
GHANA
CORAM
- JUSTICE JOHN EKOW MENSAH, J.
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant alleging wrongful termination of an MOU and claiming damages for lost profits and reputation. The defendant counter-claimed for damages and recovery of stores. The court found the plaintiff failed to substantiate his claims and rejected his request for damages. It also dismissed the defendant's counter-claims due to a lack of evidence but noted the defendant's unilateral termination of the MOU was irregular. Both parties were advised to adhere to the MOU's terms for any future conflicts.
Per his writ of summons and statement of claim issued on 25/8/2021. The plaintiff claims against the defendant for the following: -1. An order for the defendant to pay the 2 days loss of profits for the plaintiff.
2. An order for a ten (10) year rental of the place to be granted to the plaintiff taking into consideration the quantum of investment made by the plaintiff.
3. General damages for embarrassment and damage caused to plaintiff’s reputation.
4. Cost. In his statement of defence filed on 7/9/2022, the defendant denied the claims of the plaintiff and counter-claimed as follows: -1. Recovery of the two (2) stores given to the plaintiff when the 5 years 4 months is over.
2. General damages for breach of the memorandum of understanding (MOU) that is the plaintiff has violated paragraph 3 of the MOU thereby compelling the defendant to terminate the MOU.
3. Recovery of present cost of the two (2) toilet facility which the defendant constructed in the said building but the parties agreed that the plaintiff should convert it into store but after destroying the said (WC) plaintiff failed/refused to finish the two remaining stores as agreed upon.
4. Costs.
PLAINTIFF’S CASE Gleaning from the plaintiff’s statement of claim, the summary of plaintiff’s case is that on 24/10/2020, he and the defendant entered into a memorandum of understanding (MOU)for a lease that will compel the plaintiff to undertake renovation works on the property, the subject matter of the lease for the benefit of both parties.
According to the plaintiff, it was agreed that the renovation works shall be financed by the plaintiff and that the total value of the project finance shall be re-imbursed by the defendant.
It is the case of the plaintiff, the agreement stipulated that the plaintiff shall be entitled to fifteen years entitlement in occupancy of the said property after the renovation.
Plaintiff says the defendant went to lock his shop after unilaterally terminating the MOU, that led him lose GH¢35, 000. 00 – GH¢40, 000. 00 profit per day.
Plaintiff reduces the tenancy to 5 years instead of agreed 15 years.
DEFENDANT’S CASE Apart form denying the plaintiff’s claims, Defendant had counter claimed against the plaintiff for recovery of the two stores given to plaintiff when the 5 years 4 months is over, General Damages for Breach of the MOU; Recovery of present cost of the two toilet facility which defendant constructed in the said building but the parties agreed that pla