Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NTHC LTD
V.
GHANA COCOA BOARD

(2016) JELR 65342 (HC)    
High Court  ·  SUIT NO.OCC/05/2015 ·  22 Jul 2016 ·  Ghana
CORAM
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
access bank
cocoa season
dio jean ltd
burden of persuasion
parties
unethical business practices
existence of a fact
outstanding debt of ghc830.000
claim of plaintiff
cross examination
interest of ghc132.800
reasonable doubt
sufficient evidence
amount of ghc962.800
application of the law
basis of his claim
burden of proof
case of ababio v
case of baker-woode v
considerable difficulty
defendant’s representative
delivery of cocoa
dio jean co ltd
dio jean co. ltd
evidence act
following reliefs
guarantee plaintiff
high court
illegal deductions
legal definition
legal officer
level of monies
little wonder
mind of tribunal of fact
name dio jean ltd.
paragraph statement of claim
plaintiff claims
plaintiff’s story
prevailing bank rate
principle of evidence
proper legal means
registry of the court
supreme court
unconditional guarantee defendant
unethical business practice
written submission

Plaintiff, a guarantor of a loan advanced by the defendant to a company by name Dio Jean Ltd. for the purchase and delivery of cocoa for the 2012/13 cocoa season, birthed this writ out of the Registry of the court on the 9th of January, 2015 claiming the following reliefs:

i. A declaration that the arrangement between defendant and Dio Jean Co Ltd which led to an outstanding debt of GHc830.000.00 plus interest of Ghc132.800.00 carried forward from the 2011/12 season illegally deducted from the cocoa delivered by Dio Jean Co. Ltd during the 2012/13 season, is an unlawful and unethical business practice.

ii. A declaration that the decision by defendant to illegally deduct the outstanding debt of Ghc830.000.00 plus interest of Ghc 132.800.00 carried forward from the 2011/12 season is unilateral, capricious and arbitrary, in so far as it did not relate to the guarantee issued by plaintiff for the 2012/13 season.

iii. An order directed at the defendant for the immediate refund of the aggregat…

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