REV. SISTER AMA ADIEPENA VS MEC-ELLIS INVESTMENT GH LTD & ANOR
2018
HIGH COURT
GHANA
CORAM
- GEORGE K. KOOMSON (J)
Areas of Law
- Contract Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
On November 10, 2017, the Plaintiff sought recovery of GH¢73,775.00, interest, damages, and costs from the Defendants, who failed to defend themselves. The court granted the Plaintiff's claims for the recovery amount, interest, and costs, and nominal damages were awarded for breach of contract. Despite investing GH¢65,000.00 with a promise of 27% interest, the Plaintiff could not retrieve her money, affecting her financially and personally. Legal principles affirm entitlement to nominal damages without proof of special damages and elaborate on the measure and implications of damages in breach of contract cases.
On the 10th November, 2017, the Plaintiff issued a Writ of Summons against the Defendants claiming the following reliefs: 1. Recovery of GH¢73, 775. 00 being the amount outstanding as at 14th June, 2013. 2. Interest on the said amount from 14th June, 2013 at the rate of 27% per annum up to the date of final payment.
3. Damages for breach of contract and harm suffered by the Plaintiff.
4. Costs including solicitors fees.
5. Any other reliefs the Court deem fit.
Upon service on the Defendants, they entered appearance through their solicitor Kwame Akyianu of Akyianu & Associates on the 21st December, 2017. The Defendants however failed to file a statement of defence on the 20th April, 2018, the Plaintiff filed an application for judgment in default of defence.
The application was served on the Defendants on the 24th April, 2018. Despite being served with the application for judgment in default of defence, the Defendants did not file any affidavit in response.
They also failed to file their defence.
On the 3rd May, 2018, the Plaintiff moved her application and obtained judgment against the Defendants on her reliefs (1), (2) and (4). The Plaintiff was ordered to serve the Defendants with a notice of assessment of damages in respect of the relief (3). The case was adjourned to 15th May, 2018 for the assessment of damages.
The records before me indicates that the Defendants were served with the notice of assessment of damages on the 24th May, 2018 and with a hearing notice.
The case of the Plaintiff is that she invested her money in the 1st Defendant Company.
According to her, she invested the sum of GH¢65, 000. 00. The Plaintiff supported her assertion with exhibit ‘A’. This Exhibit ‘A’ which has been written on the 1st Defendant’s letter head has been signed by the 2nd Defendant and one Kafui Adoboe who are Managing Director and Fund Manager respectively.
Exhibit ‘A’ is titled, “INVESTMENT ADVICE SLIP”. It is stated in Exhibit ‘A’ that the Plaintiff invested the sum of GH¢65, 000. 00 for 182 days with the agreed interest being 27%. The said interest has been quantified on Exhibit ‘A’ as GH¢8, 750. 96. At the maturity date the Plaintiff was to be paid the sum of GH¢73, 750. 96. The Plaintiff further contended that she caused her investment to be rolled over when it matured.
On the 14th February, 2017, the Plaintiff said she requested for the payment of her investment with the accrued interest. This was ignored by the Defendants.
She said she rece