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OKRU BOATENG
V.
NOBLE DREAM FINANCIAL SERVICE LTD.

(2016) JELR 69055 (HC)

High Court 13 May 2016 Ghana
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- The plaintiff is seeking to recover an amount of GH¢ 44,836.48, interest, and general damages for breach of contract from the defendant. - The defendant's defense was struck out for failing to file a witness statement as ordered by the co

Case Details

Suit Number:SUIT NO.BFS/218/15
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:DENNIS KUMAH KWARKYE FOR PLAINTIFF; KWASI ADU MANTE FOR DEFENDANT.

JUDGMENT

This is a suit in which the plaintiff seeks to recover an amount of GH¢ 44, 836.48 together with interest , and general damages for breach of contract from the defendant. The defendant denied the assertions contained in the plaintiff 's statement of claim, but following the refusal of the defendant to file its witness statement as ordered by the court, its defence was struck out in accordance with order 32 rule 7A (3) (b)of the High Court (Civil Procedure) (Amendment) Rules, 2014 (C.I. 87).

The court has been invited to determine three issues, namely:

1. Whether or not the plaintiff is a customer of the defendant final institution?

2. Whether or not the plaintiff invested GH¢44, 836.48 in the defendant's institution?

3. Whether or not the plaintiff is entitled to his claim?

Counsel for the defendant was served with a hearing notice to attend the trial on 06/04/2016, but very characteristic of him, he failed to show up. No reasons were given for the absence of the defendant and its …

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