Customer Support

NANA KWAKU DUAH
V.
MELCOM LTD

(2017) JELR 108452 (HC)

High Court 17 Nov 2017 Ghana
BriefBot icon

BriefBot Summary

Free

- The court reminded the parties of the existence of Alternative Dispute Resolution (ADR) but they chose to proceed with a full adversarial system. - The triable issues in the case are whether the defendant breached the contract and whether

Case Details

Suit Number:SUIT NO. GJ 019/16
Judges:EMMANUEL AMO YARTEY
Counsel:GARY NIMAKO MARFO FOR PLAINTIFF VIDA AKANLISE JOHNSON MORMESINE FOR DEFENDANT

JUDGMENT 

To check against the existing relationship between the parties from being broken apart, this  court on several occasions reminded the parties of the existence of the Alternative Dispute Resolution (ADR) which they could adopt and have the matter settled amicably but the  parties and their lawyers could not take advantage of this opportunity but chose the full  blown adversarial system where privacy is not guaranteed as well as its demerits.  

This court therefore had no option than to go into the merits of the case.  

The triable issues set down of determination per the application for directions taken after  close of pleadings are: 

1. Whether or not the defendant breached the contract dated 22nd day of May 2009. 

2. Whether or not plaintiff has suffered any damages as a result of the alleged breach  of the contract by defendant. 

The facts of the case as averred by plaintiff per his statement of claim are that he is a  professional musician and is popularly known in the music …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.