EMMANUEL CO-OP. CREDIT UNION
V.
MCOTTLEY CAPITAL LIMITED

(2019) JELR 65766 (HC)    
High Court  ·  SUIT NO: RPC/53/2019 ·  6 Jun 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Core Terms Beta
plaintiff
general damages
defendant
favour of the plaintiff
judgment
law
writ of summons
costs
deposit investment
ghc
infringement
respective due dates
sum
22nd january
amount
appearance
assessment of damages
award of cost
case
circumstance
claim
cognisance of the expenses
consideration
default of appearance
documentary evidence
evidence
fee
food distributors international ltd
inference of law
interest
legal fee
loss
losses
matter
mcfund plus account
motion ex-parte
natural consequences of the defendant
negotiations
order
plaintiff cost
processes
provisions of order
pursuit of its legitimate demand
quantifiable loss
respect of the 182-day
services of a lawyer
spite
supreme court

JUDGMENT

On 10th December, 2018, the plaintiff herein issued a writ of summons against the defendant herein seeking the following reliefs:

a. An order compelling the Defendant to pay (GHC468,322.35) being amount outstanding in respect of the 182-day Fixed Deposit investment, 365-day fixed deposit investment and McFund Plus account as at their respective due dates to the Plaintiff.

b. Interest on the sum of (GHC468,322.35) from the respective due dates till date of final payment.

c. General damages.

d. Costs.

On 22nd January, 2019 the plaintiff filed a motion ex-parte for judgment in default of appearance after the defendant had failed or refused to enter an appearance when it was duly served with the writ of summons and statement of claim. On 29th January, 2019 judgment was entered in favour of the plaintiff against the defendant in respect of reliefs (a) and (b) of the writ of summons. The matter was adjourned for hearing relating to the assessment of damages.

The law is that general damage…

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