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

(2016) JELR 65587 (HC)

High Court 22 Apr 2016 Ghana
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- The court dismissed the plaintiff’s claim for 30% of joint venture profits, holding that entitlement to profit shares was contingent upon performance of agreed obligations, specifically the provision of 30% of resources and execution of p

Case Details

Suit Number:SUIT NO. OCC/04/2012
Judges:SAMUEL K. A. ASIEDU
Counsel:MR. FRANCIS KWAME YEBOAH FOR THE PLAINTIFF ,MR. PETER OKUDZETO FOR THE DEFENDANT

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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