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JUDGEMENT
The Plaintiff issued a Writ of Summons and Statement of Claim jointly and severally against the Defendants from the Registry of this Court on the 3rd of October 2019 for the following reliefs:
Recovery of the sums of Two Hundred and Two Thousand Four Hundred and Fifty-Seven United states Dollars and Ninety- Two Cents. (USD 202,457.92) and Three Hundred and six Thousand, One Hundred and Sixty- Five Euros, Eighty- five cents. (€306,165.85) respectively, and or in the alternative order for judicial sale of the twelve (12) bedroom property at Oyarifa, Accra; and covered by the deed of Assignment dated the 12th of June 2015, executed by the 2nd and 3ed Defendants for and on behalf of the 1st Defendant and an order for the veil of incorporation lifted, and the 2nd and 3rd defendants held liable jointly as 1st Defendant.
Interests on the said sums at the prevailing rate from October 2019 till date of final payment, as well as general damages for breach of contract, inconvenience and embarrassment.
Costs including Solicitor’s fees as approved by the Scale of Fees of the GBA, and any other reliefs or orders this Honourable Court may deem fit.
Case of Plaintiff
Plaintiff is a Catholic Missionary Organization registered under the laws of Ghana. 1st Defendant is believed to be a company which deals in aluminum products and registered under the laws of Ghana with 2nd and 3rd Defendants as the Shareholders and Directors who signed a Deed of Assignment over the property situate at Oyarifa as security for the facilities referred to herein. Plaintiff asserts that sometime on or about 2nd June, 2015 they received financial request from the Defendants. Plaintiff avers that as a sequel to the said request, they concluded an agreement with 1st Defendant Company and advanced to Defendants the sum of Two Hundred Thousand Euros (€200,000.00) repayable at 14% interest rate per annum for a period of one year commencing from the 2nd day of October, 2015. Plaintiff states further that at the request of the Defendants, they made a further advance of One Hundred and Fifty Thousand United States Dollars ($150,000.00) to Defendants at 14% interest rate per annum for a period of one year commencing from the 2nd day of October, 2015. Plaintiff further states that the Defendants executed a Deed of Assignment over a twelve room property situate at Oyarifa, Accra belonging to them as security for the facility but which property till date remained in the possession and occupation of Defen