SINTEX CONTAINERS GHANA LIMITED vs DECORPLAST LIMITED

The Plaintiff claims against the Defendant the recovery of the sum of Five Hundred Thousand United States Dollars (US$500,000.00) being financial assistance it offered the Defendant.

Endorsed on its Writ are the underlisted reliefs:

a. An Order for the Defendant to pay the amount of Five Hundred Thousand United States Dollars (US$500,000.00) being the outstanding amount owed to the Plaintiff for the financial assistance.

b. An Order for the payment of interest on the amount claimed in (a) above from the date of judgment at the prevailing commercial bank rate until date of final payment

OR IN THE ALTERNATIVE

A1. An order for the Defendant to secure the consent of the Lands Commission to consummate the Deed of Assignment dated 23rd of June, 2021 executed between the Parties

c. Costs

d. Any order (s) this Honourable Court may deem fit.

In its Statement of Claim, the Plaintiff pleads that its Managing Director has a personal relationship with the Managing Director of the Defendant.

That the Defendant through its Managing Director had made an express demand of the Plaintiff, also through its Managing Director for the sum of Five Hundred Thousand United States Dollars (US$500,000.00) to enable it meet certain pressing financial obligations.

The uncontested facts from the record is that the Five Hundred Thousand United States Dollars (US$500,000.00) was made available to the Defendant, which the Defendant received.

The Defendant also furnished the Plaintiff with a Board resolution approving the assignment of its interest in a parcel of land in the North Industrial Area and a deed of assignment executed in favour of the Plaintiff in respect of this property.

Even though this deed of assignment tendered by the Plaintiff as Exhibit ‘D’ was rejected by the Court and marked R, it was admitted by the Defendant through its Witness that it actually executed this deed of assignment.

The reason why the Plaintiff is in Court is because it claims the Defendant has refused to pay back the sum lent to it and has evinced every intention not to pay back the money.

The Defendant came out swinging. It filed a twenty-one paragraph Statement of Defence and averred that there was no merit to the Plaintiff’s claim. It urged the Court to dismiss the claim for this reason.

Paragraphs 5 and 6 of the Defendant’s Defence is of particular interest to the whole action. The Defendant avers in the abovementioned paragraphs that the Plaintiff’s claim did not re