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KIMATHI DAKE
V.
TRUSTCON LTD AND CONSTRUCTION PIONEERS

(2012) JELR 65198 (HC)

High Court 31 Oct 2012 Ghana
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- The plaintiff claimed a declaration that they were entitled to 50% of the profit made by the first defendant from a contract. - The plaintiff also requested an order for the first defendant to provide an account of all monies received fro

Case Details

Suit Number:SUIT NO.C473/02
Judges:HIS LORDSHIP MR JUSTICE P. BRIGHT MENSAH
Counsel:MAXWELL LOGAN WITH ELAINE MACLEAN FOR THE PLAINTIFF,DOE TSIKATA WITH MATILDA IDUN DONKOR FOR THE 1ST DEFENDANT,JUSTIN AMENUVOR FOR THE 2ND DEFENDANT

Per a writ of summons sealed in this registry on 17/04/02 the Plaintiff claimed against both defendants:-

1. A declaration that the Plaintiff is entitled by virtue of his parol contract with the 1st defendant to 50% of all profit made by the 1st defendant from that contract.

2. An order directed at the 1st defendant to render account of all monies received from the inception of the contract to date.

3. A mandatory injunction directed at the 1st defendant from taking the balance of the contract payment outstanding with the 2nd defendant until the final determination of this suit.

4. An order directed at the 2nd defendant not to pay the remainder of the outstanding contract payment to the 1st defendant until the determination of this suit.

5. An order directed for breach of contract.

6. Cost.

The claim of the Plaintiff was met with a counterclaim by the 1st defendant. By its Amended Statement of Defence and Counterclaim, Trustcon Ltd claimed against the Plaintiff:-

1. the sum of ¢30,000,000.00 …

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