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FORMS CAPITAL LTD
V.
FREEMAN GT COMPANY LTD. AND OTHER

(2016) JELR 66106 (HC)

High Court 21 Mar 2016 Ghana
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- The court held that the 4th defendant was not contractually bound to pay the contract proceeds to the plaintiff in joint names, as the so-called “undertaking” (Ex 'A') was merely a communication of the 1st defendant’s payment instruction

Case Details

Suit Number:SUIT NO.RPC/249/2014
Judges:HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

BAFFOUR, J.

The liability of the first three defendants in this suit has already been settled by the court upon an application for judgment in default of defence mounted by the Plaintiff. The court differently constituted granted the prayer of the Plaintiff in terms of the following reliefs endorsed on the Plaintiff’s writ of summons:

a. Payment of the sum of Twenty Four Thousand, Five Hundred and Fifty Nine Ghana Cedis (Gh¢24.559.00) being sum outstanding on the loan as at 31st May, 2014 on loan granted to the 1st defendant repayment of which was guaranteed by the 2nd and 3rd defendants.

b. Payment of the sum of Gh¢24.899.00 being sum outstanding on the second loan as at 6th June, 2014 on loan granted the 1st defendant repayment of which was guaranteed by the 2nd and 3rd defendants.

e. Interest on the 1st loan at the contractual rate of ten percent (10%) per month from 1st June, 2014 to date of final payment

f. Interest on the second loan at the contractual rate of ten percent (10%) per m…

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