STANBIC BANK GHANA LTD. vs G. S. PLANT POOL & ORS
March 7, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AFI AGBANU KUDOMOR (MRS.)
Areas of Law
- Contract Law
- Commercial Law
March 7, 2023
HIGH COURT
GHANA
CORAM
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WHEREAS:
A. By a Writ of Summons and a Statement of Claim filed at the Registry of this Court on 10th June, 2022, Plaintiff claimed against Defendants jointly and severally the following reliefs:
a. An order for recovery of the total sum of Six Million, Eight Hundred and Fifty-Three Thousand, three Hundred and Sixteen Ghana Cedis, Seventy-Eight Pesewas (GH¢6,852,316.78) being balance due and owing as at 31st March, 2022 on the account of finance lease facilitates extended to 1st and 4th Defendants from 2011 to 2014, repayment of which Defendants have failed, refused or neglected to settle despite several demand notices and compromised agreements.
b. Interest on the sum of Six Million, Eight Hundred and Fifty-Three Thousand, three Hundred and Sixteen Ghana Cedis, Seventy-Eight Pesewas (GH¢6,852,316.78) from 31st March 2022 up to and inclusive of date of final payment.
c. Costs including Lawyer’s fees.
2. The Plaintiff has agreed to a compromised figure of Five Million, One Hundred and Fifteen Thousand Ghana Cedis (GH¢5,115,000.00) with the Defendants to settle this matter as follows:
Quarterly Installment Amount GH¢
i. February – March, 2023 - 300,000.00
ii. April – June, 2023 - 500,000.00
iii. July – September, 2023 - 500,000.00
iv. October – December, 2023 - 500,000.00
v. January – March, 2024 - 500,000.00
vi. April – June, 2024 - 500,000.00
vii. July – September, 2024 - 500,000.00
viii. October – December, 2024 - 550,000.00
ix. January – March, 2025 - 600,000.00
x. April – June, 2025 - 665,000.00
TOTAL - 5,115,000.00
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3. In the event of Defendants’ failure to make installment payments on any due date stated herein, interest at the agreed reate of 29% p.a. shall become due and immediately payable on the original recoverable sum of Five Million, One Hundred and Fifteen Thousand Ghana Cedis (GH¢5,115,000.00) less payments made whereupon the Plaintiff shall be entitled to levy execution for the recovery of the sum remaining with interest until the date of final payment.
4. The Terms of Settlement shall be entered as Consent Judgment.
DATED IN ACCRA, THIS 7TH DAY OF FEBRUARY, 2023.
(SGD) (SGD)
___________________________ ___________________________
PLAINTIFF ACTING 2ND DEFENDANT
THROUGH HEAD OF LEGAL FOR HIMSELF AND ALL DEFENDANTS
(SGD) (SGD)
___________________________ ___________________________
WITNESS FOR PLA
AI Generated Summary
In this Ghana High Court matter presided over by Justice Afi Agbanu Kudomor (Mrs.), a finance lessor (the Plaintiff) sued multiple Defendants by writ and statement of claim on 10 June 2022 for GH¢6,852,316.78, the outstanding balance on finance lease facilities extended to the 1st and 4th Defendants between 2011 and 2014, together with interest and costs. Following negotiations, the Plaintiff’s Head of Legal and the Acting 2nd Defendant (signing for himself and all Defendants), with witness for Plaintiff Samuel Appiah-Asare and the Defendants’ lawyer, executed Terms of Settlement dated 7 February 2023, compromising the claim to GH¢5,115,000.00, payable in specified quarterly installments through June 2025. The terms provide for interest at 29% per annum upon default and authorize levy of execution. On 2 March 2023, the Court adopted the Terms of Settlement as a consent judgment.