M. BASHIRU LIVINGMAN ELECTRICAL COMPANY LIMITED
V.
BEROCK VENTURES LIMITED

(2016) JELR 65587 (HC)    
High Court  ·  SUIT NO. OCC/04/2012 ·  22 Apr 2016 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU
Core Terms Beta
defendant
evidence
parties
joint venture
joint venture agreement
cross examination
accounts of the joint venture
court finds
a. no
evidence act
joint venture agreement exhibit 1a
opinion of the court
statement of claim
contract of electrical installation works
exhibit 1a
exhibit ce1
final account of the contract
local currency
plaintiff’s share
true meaning
arbitrator’s award
assessment of profit
berock bashiru joint venture
books of the joint venture
books of the joint ventureship
closure of the defendant
contract no.
current interest rate
draft memorandum
exhibit d.
following matters
honourable court
laws of ghana
main issues
management issues
managing director of the plaintiff company
m. bashiru living co. ltd
mohammed bashiru
obligations of the parties
plaintiff claims
plaintiff’s offices
pleadings of the parties
record shows
stated figures
such profit
tendering of the said project
use of the expected funds
various clauses

JUDGMENT

By a writ issued on the 16th January, 2012 the plaintiff claims against the defendant:

An order for an audited final account of the contract.

An order for the assessment of profit accruing to the joint venture

An order for the payment of 30% of such profit by the defendant to the plaintiff

Interest on the plaintiff’s share of profit at the current interest rate from the 8th August, 2011 to date of final payment.

Any other relief deemed fit by this Honourable Court.

The defendant entered appearance to the writ after service of the writ and its accompanying statement of claim. A Reply was thereafter served by the plaintiff and after the failure of pre-trial settlement, the case was set down for hearing at which the plaintiff gave evidence through its representative, Mohammed Bashiru, the managing director of the plaintiff company and closed its case. The defendant also testified per its representative, Samuel Etornam Kornu, and then announced the closure of the defendant’s case. Befor…

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