SILVER STAR AUTO vs ISAAC DOGBOE & ANOTHER
July 27, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AFI AGBANU KUDOMOR (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
July 27, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
WHEREAS
1. On 7th April 2022, the Plaintiff caused a Writ of Summons and Statement of Claim to be filed on their behalf, claiming against the Defendants for the following reliefs:
a) Recovery of the Thirty-Three Thousand, Three Hundred and Fifty-Nine Euros and One Cent (€33,359.01) as at 31st January, 2022.
b) Interest on the sum of Thirty-Three Thousand, Three Hundred and Fifty-Nine Euros and One Cent (€33,359.01) at the contractual rate from 31st January, 2022 until the date of full and final payment.
OR IN THE ALTERNATIVE
c) An Order of repossession of the Mercedes Benz GLE 400 with Registration Number GN 6799 – 18.
And;
d) Damages for breach of Contract.
e) Cost of full indemnity basis.
2. The 2nd Defendant entered appearance by his Lawyer on 24th June, 2022.
3. The Parties have agreed to settle this matter on the terms of conditions stated hereunder.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
4. That the Mercedes Benz GLE 400 with registration number GN 6799 – 18 currently in Plaintiff’s possession be sold to defray the outstanding balance owed by Defendants.
5. That this amount shall constitute the full and final payment of the debt owed by the Defendants.
IT IS FURTHER AGREED AS FOLLOWS:
6. These Terms of Settlement embody the entire understanding of the Parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied other than those contained in these terms of settlement.
7. The waiver, express or implied, by any Party of any right hereunder shall not constitute or be deemed as a waiver of any other right hereunder whether of a similar of dissimilar nature.
8. These terms of settlement are binding on all Parties to the suit and were entered into by all Parties on their own accord without any threats or other forms of force, promises, or inducement.
9. These Terms of Settlement shall be filed in the Registry of this Honourable Court and adopted as a Consent Judgment of the Court between the Parties their Principals, Agents, Representatives and all persons claiming through them in respect of the subject matter of this suit.
10. No variation or amendment of these Terms of Settlement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both Parties.
DATED AT ACCRA THIS 14TH JULY, 2023.
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SILVER STAR AUTO PAUL DOGBO
AI Generated Summary
Silver Star Auto commenced proceedings on 7 April 2022 seeking recovery of €33,359.01 as of 31 January 2022, contractual interest, and, alternatively, repossession of a Mercedes Benz GLE 400 (registration GN 6799–18), together with damages and costs. The second defendant, represented by Paul Dogboe, entered appearance on 24 June 2022. The parties later negotiated and executed comprehensive Terms of Settlement. The settlement provides that the Mercedes Benz GLE 400 currently in Silver Star Auto’s possession will be sold to defray the outstanding balance, and that the amount realized shall constitute the full and final payment of the debt. The Terms of Settlement state they embody the entire understanding, are binding, and may only be varied by a signed writing. Filed in the registry and presented to the High Court, the terms were duly executed by Silver Star Auto and its counsel and by the 2nd Defendant for and on behalf of the 1st Defendant. Justice Afi Agbanu Kudomor adopted the terms as a consent judgment.