STRATEGIC ENEGIES LTD VS CHARLES POUZUING ESQ & 1 ORS
2015
HIGH COURT
GHANA
CORAM
- JUSTICE R. B. BATU (J)
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sought a refund and damages from Defendants after failing to receive title deeds and vacant possession for land purchased. Defendants claimed contract variations and installment payments justified their non-compliance. Court ruled in favor of Plaintiff, stating contract was valid and enforceable in its original terms, awarding GH¢225,000.00 refund, interest, and damages.
Against the Defendants the Plaintiff claim: -
“1. The payment and refund at the prevailing forex bureau exchange rate, the Ghana cedis equivalent of SEVENTY-FIVE THOUSAND UNITED
STATES OF AMERICA DOLLARS (us$75,000.00) being money received by the defendant for Two plots of land from the Plaintiff or in the alternative,
2. The payment and or refund of TWO HUNDRED AND TWENTY-FIVE THOUSAND GHANA CEDIS GH¢250,000.00 being the equivalent of US$75,000.00 of the prevailing forex bureau rate of 1 US Dollars equals to GH¢3.40 being money received by the Defendants for two plots of land from the Plaintiff.
3. Interest on either of relief one at prevailing commercial interest rate from the 19th day of July 2013 till date of final payment.
4. General damages
5. Cost
6. Any other order/orders this Honourable court deems fit.”
After Entry of appearance by the Defendants the Plaintiff brought this application for summary judgment under order 14 Rule 1 of the High Court (Civil Procedure) Rules 2004 (C.I. 47) on the grounds that the Defendants have no legitimate or legal defence to the action. The Defendants dispute this claiming that there ware triable issues raised by them. This suit resulted from a memorandum of understanding made between the parties on 19th July, 2013, it reads:
“THIS MEMORANDUM OF UNDERSTANDING is made the 19th day of July, 2013 BETWEEN MESSRS POUZUING ANDASSOCIATES, Legal Practitioners (hereinafter called “the facilitators”) acting through its Managing Solicitor, Charles Lwanga Pouzuing of the one part AND STRATEGIC ENERGIES LIMITED (hereinafter call “SEL”) acting through its Managing Director, Johnny Blagogee of the other part.
WHEREAS the Facilitators have a relationship with Centre for Scientific and Industrial Research (CSIR) in respect of their lands at Mpehuasem/Otinsie, East Legon;
WHEREAS, the SEL is desirous of acquiring two (2) plots of land from CSIR for its business.
WHEREAS, the facilitators have agreed to assist SEL for acquire the said two (2) plots from CSIR.
IT IS HEREBY AGREED as follows:
a. That SEL shall pay the sum of One Hundred and Eighty thousand United States Dollars (US $180,000.00) or its cedi equivalent at the prevailing forex bureau exchange rate.
b. That SEL has paid the sum of One Hundred and Twenty Thousand Ghana Cedis (GH¢120,000.00) being the cedi equivalent of Sixty Thousand United States Dollars (US$60,000.00) to the facilitator.
c. That facilitators shall within a period of three (3) months fr