SOCIETE GENERAL GHANA LIMITED VS AGRO INPUT COMPANY LIMITED & 1ORS
March 11, 2019
HIGH COURT
GHANA
CORAM
- JUSTICE ANGELINA MENSAH-HOMIAH (MRS.)
Areas of Law
- Civil Procedure
- Contract Law
March 11, 2019
HIGH COURT
GHANA
CORAM
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WHEREAS: . The Plaintiff commenced action against the Defendants on 9th December, 2016 for the following reliefs: i. An Order directed at the 1st Defendant to surrender or deliver up Toyota Hilux Pick-up vehicle with registration number GT 8260 – 14. ii.
Recovery of the sum of GH¢86, 358. 48 (eighty-Six Thousand Three Hundred Fifty-Eight Ghana Cedis, Forty-Eight Pesewas) from the Defendants jointly and severally.
Interest on the said sum of GH¢86, 358. 48 (eighty-Six Thousand Three Hundred Fifty-Eight Ghana Cedis, Forty-Eight Pesewas) at a rate which is 6% per annum above the Plaintiff’s base rate from 13th Jun, 2016 till date of final payment against the Defendants jointly and severally.
2. The Defendants entered appearance and filed a statement of Defence to the Plaintiff claim.
3. The Parties have agreed to settle this matter amicably out of Court.
4. The Defendants have proposed to pay the sum of GH¢64, 507. 24 (Sixty-Four Thousand Five Hundred, Five Hundred and Seven Ghana Cedis, Twenty-Four pesewas) to the Plaintiff in full and final satisfaction of the Plaintiff’s claims in this action and the Plaintiff has agreed to same.
5. Out of the said sum of GH¢64, 507. 24 (Sixty-Four Thousand Five Hundred, Five Hundred and Seven Ghana Cedis, Twenty-Four pesewas) the Defendants have paid the sum of GH¢21, 000. 00 (Twenty-One Thousand Ghana Cedis) leaving an outstanding difference of GH¢43, 507. 24 (Forty-Four Thousand Five Hundred and Seven Ghana Cedis, Twenty-Four Pesewas). It is hereby agreed as follows: 6. The Terms of Statement contained herein shall be adopted by this Honourable Court as Consent Judgment.
7. Judgment shall be entered in favour of the Plaintiff for the recovery of the sum of GH¢43, 507. 24 (Forty-Four Thousand Five Hundred and Seven Ghana Cedis, Twenty-Four Pesewas) together with Costs of GH¢6, 448. 92 (Six Thousand, Four Hundred and Forty-Eight Ghana Cedis, Ninety-Two Pesewas) from the Defendants jointly and severally.
8. The Defendants shall pay the Judgment Debt of GH¢43, 507. 24 (Forty-Four Thousand Five Hundred and Seven Ghana Cedis, Twenty-Four Pesewas) in the manner following: i. The Defendants shall pay GH¢21, 000. 00 (Twenty-One Thousand Ghana Cedis) on or before 31st March, 2019. ii.
The Defendants shall pay GH¢22, 507. 24 (Twenty-Two Thousand, Five Hundred and Seven Ghana Cedis, Twenty-Four Pesewas) on or before 30th April, 2019. 9. Execution of the Judgment shall be stayed to abide payment of the Judgment Debt i
AI Generated Summary
This matter in the High Court, Accra, arose from a suit filed on 9 December 2016 in which the plaintiff sought delivery of a Toyota Hilux Pick‑up with registration GT 8260–14, recovery of GH¢86,358.48, and interest at 6% above its base rate from 13 June 2016. After the defendants entered appearance and defended, the parties reached an amicable settlement. The defendants proposed to pay GH¢64,507.24 in full and final satisfaction; GH¢21,000 had already been paid, leaving GH¢43,507.24 outstanding. On 8 March 2019, Justice Angelina Mensah‑Homiah (Mrs.) adopted the Terms of Settlement as the judgment of the court. The court entered judgment for GH¢43,507.24 together with GH¢6,448.92 costs and ordered payment by GH¢21,000 by 31 March 2019 and GH¢22,507.24 by 30 April 2019. Execution was stayed conditioned on strict compliance. In the event of default, the agreement provided that the original claim of GH¢86,358.48 would become due with interest at 6% per annum from 13 June 2016 until final payment, and the plaintiff could levy execution.