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ROSE LAMIOKOR VS BENJAMIN OFFEI

2013

HIGH COURT

GHANA

CORAM

  • JENNIFER DODOO (MRS)

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

The High Court, per Justice Jennifer A. Dodoo, resolved a commercial dispute between a textiles/clothing materials supplier and a businessman debtor. The plaintiff supplied textile materials worth GH¢75,400 on credit in 2010, but the defendant failed to pay, despite being served with the default judgment application and subsequent hearing notices. The court entered default judgment on the liquidated sum and, after hearing the plaintiff ex parte, assessed damages. Relying on an HFC Bank letter corroborating a working capital loan from November 2010 and testimony about the collapse of the plaintiff’s business, the court applied the restitutio in integrum measure and general damages principles. It rejected damages pegged to the plaintiff’s bank indebtedness (GH¢158,000) for insufficient proof, but awarded GH¢15,000 in general damages, GH¢500 costs, and interest on GH¢75,400 from December 2010 until final payment.

JUDGMENT