A motion on notice for Summary Judgment was filed in the Registry of this Court on the 5th day of July, 2022 on behalf of the Plaintiff/Applicant against the Defendants/Respondents for the following reliefs:
1. An order for Summary Judgment against the Defendants in respect of Plaintiff’s Reliefs (a), (b), (d) and (e) as indorsed on its Writ of Summons and Statement of Claim.
2. Any further order(s) as this honourable Court may deem fit and appropriate to make given the circumstances of the case.
The antecedent of this case can be found in a Writ of Summons and Statement of Claim filed by the Plaintiff on the 31st of March, 2022 against the Defendants seeking the following reliefs.
a) Recovery of the total principal sum of Six Million, Five Hundred Thousand United States Dollars (USD 6,500,000.00).
b) Interest on the above sum calculated at the rate of 25% per annum from the 31st day of December, 2017 until date of final payment.
c) General damages for breach of contract.
d) Costs and expenses of this action.
e) Professional fees of Counsel assessed at the minimum fee of fifteen percent (15%) of the total amount awarded by the Court to Plaintiff.
THE CASE OF THE PLAINTIFF
The case of the Plaintiff/Applicant (hereinafter known as the Applicant), in brief is that he is a Ukrainian citizen who entered into business transactions with the 1st Defendant for the purchase and export of teak wood in Ghana. According to the Plaintiff, between the period of 2017 and 2022 through several instalments or tranches of monies, he sent a total amount of Six Million, Five Handed Thousand United Stated Dollars (USD 6,500, 000.00) to the 1st Defendant for the purchase of wood. That during the purported transactions, the 1st Defendant provided him with a number of “official documents” emanating from state authorities to provide assurance of 1st Defendant’s qualification to undertake the transaction however, he got to know all the documents were fake and forged by 1st Defendant. The said documents were supplied by the 1st Defendant to hoodwink Plaintiff to part with money to 1st Defendant. The Plaintiff pleaded particulars of fraud against the 1st Defendant in his Statement of Claim.
In its Affidavit in Support, the Plaintiff averred that it is clear from the evidence that the 1st Defendant took all the money from Plaintiff to supply teak but failed to do so. 1st Defendant admits signing the agreements (Exhibit ‘A’) and admitted Exhibit ‘B’ which are WhatsApp conver
