RODRIGO RENATO GIANNO VS SULLEY ALI MUNTARI
November 14, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP AKUA SARPOMAA AMOAH J. (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
- Conflict of Laws
November 14, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
HER LADYSHIP AKUA SARPOMAA AMOAH (MRS.), sitting at the Ghana High Court, entered default judgment for a travel services provider against a professional footballer with Accra Hearts of Oak. The Plaintiff pre-financed airline tickets and hotel bookings between 2015 and 2017 for the Defendant and his associates, on the understanding that the Defendant would immediately reimburse. The Defendant failed to pay, issued dishonoured cheques, and later acknowledged the debt in a 1 December 2016 letter. After failed personal service, the Court ordered substituted service; the Defendant did not appear or defend. Applying Order 10 of CI 47 and Sections 10 and 12 of the Evidence Act, the Court found the unchallenged admissions sufficient, declined to rely on a Milan court judgment, and awarded €97,320 plus interest from 2016 at prevailing commercial bank rates, and GH¢40,000 costs, striking out general damages as abandoned.
On the 21st of March, 2022, the Plaintiff issued a writ against the Defendant herein for the following reliefs:
a) The sum of Ninety-Seven Thousand Three Hundred and Twenty Euros (€ 97, 320) being the amount owed for Airline ticketing and reservation services
b) Interest on the outstanding amount of Ninety-Seven Thousand Three Hundred and Twenty Euros (€ 97, 320) at the prevailing commercial bank interest rate from 2016 till date of final payment
c) General damages for breach of contract
d) Costs
The case of the Plaintiff is, in my opinion, quite straightforward. It may be summarized as follows:
Plaintiff is engaged in the business of airline ticketing and hotel booking services. The Defendant is a footballer who currently plays for the Accra Hearts of Oak Sporting Club in Accra.
Plaintiff says that between the years of 2015 and 2017, the Defendant engaged his services to purchase various airline tickets and to book various hotel rooms for and on behalf of the Defendant himself as well as the Defendant’s friends and relatives.
According to the Plaintiff, he fully pre-financed these services but prior to doing so it was agreed and understood that the Defendant would refund the monies expended by the Plaintiff in respect of these services immediately.
The Defendant however, in breach of the said agreement reached between the Parties, has failed or refused to make good his indebtedness to the Plaintiff despite several demands on him to do so.
The Defendant indeed issued certain cheques in payment of the said debt, but the said cheques were all dishonored upon presentation.
The Defendant also by a letter dated the 1st of December, 2016 acknowledged his indebtedness to the Plaintiff and promised to pay the said amount but has since reneged on his promise.
Plaintiff says that the Defendant having acknowledged his indebtedness by the said letter is estopped from asserting otherwise.
Plaintiff further refers to a judgment delivered by the Court of Milan where it was adjudged that the Plaintiff recover an amount of Ninety-Seven Thousand Three Hundred and Twenty Euros (€ 97, 320) among others from the Defendant. Plaintiff contends that the Defendant having been found by the said Court to be indebted to him, cannot now assert otherwise.
According to Plaintiff, his Solicitors by a letter dated the 4th of November 2021, made a formal demand on the Defendant to settle his indebtedness but the Defendant, in keeping with his previous conduct totally ignored