RUBY LAMPTEY VS STEPHEN OKINE SARPOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE PATRICK BAAYEH (J)
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for 20% shares in Honest Chef Restaurant, equipment ownership, and costs, claiming a breached oral partnership agreement. The defendant denied the partnership, claiming the plaintiff was an employee and counterclaimed rent for equipment storage. Despite discrepancies in the defendant's statements and lack of partnership documents, the court ruled in favor of the plaintiff based on evidence and contributions made. The defendant was ordered to compensate for the equipment and pay damages for breach of contract. The defendant's counterclaim was dismissed.
By an action filed on 14th October, 2020, the Plaintiff is claiming the following reliefs; a) Twenty percent (20%) shares in the business of Honest Chef Restaurant from January 2017 until March 2020. b) All equipment legitimately belonging to Plaintiff as listed in paragraph (5) above forthwith.
c) Cost. The Defendant duly entered appearance and also filed his defence.
He also counterclaimed for rent for keeping Plaintiff’s cooking utensils.
The Plaintiff filed a reply to the Defendant’s statement of defence.
At the close of pleadings, the issues adopted for trial are a) Whether or not there was a partnership agreement between the parties.
b) Whether or not the plaintiff is entitled to her claim.
c) Whether or not the defendant is entitled to his counterclaim.
At the trial Plaintiff by gave evidence by herself and called one witness Nathaniel Nii Armah Okwabi (PW1). On his part the defendant gave evidence by himself and did not call any witness.
At the close of the trial on 20th June, 2023 the court ordered the lawyers for the parties to file their addresses within two weeks and the case adjourned to 31st July, 2023 for judgment which however never came on.
When the case came up for adoption of proceedings on 24th January, 2024, Counsel for the defendant told the court that he had not procured the proceedings.
However on the next court date on 15th February, 2024 both defendant and his counsel failed to attend court.
Proceedings were therefore adopted in their absence and counsel for defendant ordered to file his address by 15th March, 2024. The records show that these orders were duly served on counsel for defendant but up to date, he has failed to file his address.
I therefore proceed to give this judgment without the input of the counsel for the Defendant.
The case of the Plaintiff is rather simple and does not admit of any complexities as can be deduced from her statement of claim.
Plaintiff is a caterer resident at Kaneshie, Accra while the Defendant is the proprietor of “Honest Chef Restaurant” also located at Kaneshie.
It is Plaintiff’s case that sometime in 2016 she entered into an oral partnership agreement with the Defendant to operate the Honest Chef Restaurant jointly.
It was agreed that plaintiff would be entitled to 20% shares of the restaurant.
As part of Plaintiff’s contribution, she brought in assorted culinary equipments to augment what the defendant already had.
In addition to being a partner, Plaintiff was also employe