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J.K. ROCKSON
V.
FIDELITY BANK GHANA LIMITED

(2017) JELR 67759 (HC)

High Court 24 Apr 2017 Ghana
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- The plaintiff is claiming a breach of contract and seeking payment of US$20,847.20 or its cedi equivalent. - The plaintiff alleges that at a meeting on July 17, 2014, it was agreed that the defendant would reimburse the plaintiff for a sh

Case Details

Suit Number:SUIT NO.AC/70/2015
Judges:JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:MR. KWEKU Y. PAINSTIL FOR THE PLAINTIFF; MR. RAPHAEL KUMI FOR THE DEFENDANT.

RULING

ACKAAH- BOAFO, J.

Introduction:

[1] The Plaintiff’s claim is for a breach of contract and for the payment of the sum of US$20,847.20 or its cedi equivalent. By paragraphs 4 and 5 of the statement of claim the Plaintiff pleaded “That at a meeting specially convened on 17th July, 2014 to address the issue of shortfall and reimbursement, it was conclusively agreed between the parties that in consideration of the Plaintiff furnishing Procredit with proof of purchase of dollars at the said exchange rate on Monday 14th July, 2014, Procredit would refund or reimburse the Plaintiff with the amount of the shortfall, being US$20,847.20”. Per paragraph 5 the Plaintiff pleaded “The Plaintiff will at the trial tender audio recording of the parties’ meeting in proof of the averments in paragraph 4 hereto”.

[2] Upon being served with the writ of summons the Defendant caused an appearance to be entered on its behalf and filed a statement of defence on July 29, 2015. By paragraphs 6 and 7 of the de…

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