2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a legal dispute that was settled out of court. The Plaintiff commenced an action against the Defendant on September 18, 2018. After the Defendant entered a conditional appearance and the Plaintiff filed for a Default Judgment, the parties agreed to settle their differences. The settlement terms, agreed upon on May 14, 2019, stipulated that the Defendant would pay the Plaintiff a total of GH¢70,000.00 in four equal installments of GH¢17,500.00 each, due on specific dates from May to August 2019. The agreement also included a clause allowing the Plaintiff to seek immediate execution if the Defendant defaulted on any installment. Both parties and their solicitors signed the agreement. On May 20, 2019, Justice Angelina Mensah-Homiah of the High Court adopted these Terms of Settlement as a Consent Judgment, ordering the Defendant to pay the judgment debt according to the agreed terms. This case demonstrates the legal principle that parties can settle disputes out of court and have their settlement adopted as a binding court judgment.
This matter having come before her Ladyship Justice, Mrs. Angelina Mensah-Homiah for Pre-Trial Conference the Parties have agreed to settle their differences as follows:
WHEREAS:
1. On the 18th of September 2018, the Plaintiff commenced this action by a Writ of Summons claiming the reliefs endorsed thereon.
2. The Defendant entered conditional appearance on the 3rd of October, 2018.
3. The Plaintiff filed for Judgment in Default of Defence.
THE PARTIES TO THIS ACTION have therefore agreed to the settlement of this matter as follows:
A. The Parties agree that the agreed amount to be paid by the Defendant in settlement of this matter is Seventy Thousand Ghana Cedis (GH¢70, 000. 00) in full and final satisfaction of the debt.
B. That the Defendant shall pay the sum of Seventy Thousand Ghana Cedis(GH¢70, 000. 00) as provided below:
i. 30th May, 2019 = GH¢17, 500. 00
ii. 30th June, 2019 = GH¢17, 500. 00
iii. 30th July, 2019 = GH¢17, 500. 00
iv. 30th August, 2019 = GH¢17, 500. 00
C. That in the event that the Defendant defaults in any one instalment payment as contained in this Terms of Settlement, the Plaintiff shall be at liberty to go into execution on the outstanding amount without leave of the Court.
D. The Parties finally agree that these Terms of Settlement be adopted by the Court as Consent Judgment.
Dated at Accra this 14th day of May, 2019.
SIGNED
………………………………………………
PLAINTIFF
SIGNED
…………………………………. .
DEFENDANT
SIGNED
………………………………………………
SOLICITOR FOR PLAINTIFF
SIGNED
…………………………………. .
SOLICITOR FOR DEFENDANT
BY COURT
The Court adopts the Terms of Settlement signed and filed by the Parties on 20th May, 2019 as Consent Judgment.
The Defendant is ordered to pay the Judgment Debt in accordance with the Terms of Settlement.
SGD)
ANGELINA MENSAH-HOMIAH (MRS. )
JUSTICE OF THE HIGH COURT.