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KOFI NTIM MANU
V.
GEORGE OTI BONSU

(2019) JELR 107321 (HC)

High Court 9 Apr 2019 Ghana
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- Where parties submit a dispute to mediation under the Alternative Dispute Resolution Act, 2010 (Act 798), execute a binding settlement agreement, and do not set it aside, a fresh action on the same subject matter is an abuse of court proc

Case Details

Suit Number:GJ/1447/18
Judges:GIFTY AGYEI ADDO
Counsel:FELIX ABOAGYE FOR THE PLAINTIFF/RESPONDENT. JAMES ODARTEY MILLS FOR THE DEFENDANT/APPLICANT

RULING

ADDO, J.

The Plaintiff on the 28th September, 2018, instituted the instant action against the Defendant for the following reliefs:

a. The immediate repayment of the outstanding principal sum of $40,000.

b. Interest thereon at the commercial bank lending rate from January 2010 to January 2016 and till date of final repayment.

c. Interest on the US $ 50,000 paid on 12/10/2016.

d. Costs, inclusive of the Plaintiff’s Solicitor’s professional legal fees.

e. Any other relief(s) as to this Honourable Court may seem meet.

CASE OF THE PLAINTIFF

The crux of the Plaintiff’s grievance is contained in paragraphs 3 to 13 of his Statement of Claim, a summation of which is as follows:

According to the Plaintiff, on the 28th of December, 2010, the Defendant approached him for financial assistance in the sum of One Hundred and Forty Thousand Dollars ($140,000.00) to enable him acquire a warehouse to serve as a workshop.

The Plaintiff states that through the assistance of a mutual friend of the parties, he …

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