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JUDGMENT
The Plaintiff, per its further amended Writ of Summons and Statement of claim filed
on 23rd December, 2020, claims against the Defendant the following reliefs:
a. A declaration that the Defendant has breached the agreement between him and
the Plaintiff.
b. General damages for breach of the agreement.
c. An order for the recovery of the sum of Four Hundred and Sixteen Thousand
(GH₵ 416,000) being the money it paid to the Defendant for the sponsorship of
the Otopi Ekumfi Abor petrol station.
d. Interest on the sum of Four Hundred and Sixteen Thousand (GH₵ 416,000)
at the prevailing bank rate from the 17th day of October, 2016
to the date of last payment.
e. Special damages of GH₵ 36,000.00
f. Costs
g. Any other relief(s) which this Honourable Court deems just and equitable.
Events which culminated into this present action are that, sometime in 2016, the
Plaintiff’s Chief Executive Officer had a call from his late brother, Yahaya, informing
him about the availability of a filling station for rent at Otopi Ekumfi Abor junction
which was under the sponsorship of Cash Oil Company Limited – owned and
operated by the Defendant. The Plaintiff avers that, its Chief Executive Officer and his
late brother went to see the Defendant at Mankessim and he offered to put his
petroleum products retail outlet situate and located at Otopi Ekumfi Abor junction in
the Mfantsiman District of the Central Region of the Republic of Ghana up for rent
under the sponsorship of the 1st Plaintiff by a leꢀer dated 19th October,
The Plaintiff further avers that the report obtained on the said filling station by its
Operation Team indicated that the place has a lot of potential for business
development. The Plaintiff also maintains that the Defendant informed the Plaintiff’s
Chief Executive Officer of his reason for renting out the filling station being the fact
that he is confident that the Plaintiff would ensure regular supply of petroleum
products as well as in assisting the station’s operations to meet the guidelines of the
National Petroleum Authority (NPA) as stated in the leꢀer dated 19th October, 2016.
The parties discussed the terms of the rent of the Otopi Ekumfi Abor junction filling
station and according to the Plaintiff, the terms were satisfactory to the Plaintiff. Being
so satisfied, the Plaintiff accepted the offer of renting the Otopi Ekumfi Abor junction
filling station under the sponsorship of the Plaintiff. The indenture evidencing this
transaction was executed on 17th O