SAMWINE DOMINIC
V.
SULLEMANA MENSAH & ANOTHER

(2013) JELR 65643 (HC)    
High Court  ·  CIVIL APPEAL NO.RPC/37/13 ·  15 Jan 2013 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Core Terms Beta
plaintiff
defendants
court
workers
contract
evidence
gold ore
damages
sum of gh
actual knowledge
award of damages
date of final payment
default of appearance
mining activities
oral agreement
ordinary course of things
plaintiff’s evidence
prevailing bank rate
actual work
agreement defendants
angelina mensah-homiah
contractual obligations
crucial moment
defendant’s mining business
entire period
final judgment
following statement
general principle
general rule
honourable court
instant suit
interlocutory judgment
law of contract
locus classicus
loss of net profit
lump sum
monetary compensation
monies plaintiff
ordinary course
parte application
plaintiff’s expenses
reasonable person
recovery of the sum of gh
result of breach of contract
sacks of gold ore
said date
said gh
special circumstances
total amount of gh

JUDGEMENT

The Plaintiff herein commenced an action against the Defendants herein on 13/11/2012 for these reliefs:

a. Declaration that defendants have breached the contract entered into with Plaintiff in June, 2011.

b. Recovery of the sum of GH¢12, 600.00 being monies plaintiff invested in the defendant’s mining business to share the proceeds there from which agreement defendants have breached.

c. Interest on the said GH¢12, 600.00 at the prevailing bank rate from June, 2011 till date of final payment.

d. Damages for breach of contract

e. Any other relief(s) that the Honourable Court may consider just to award.

The writ of summons and statement of claim were duly served on the Defendants at Ahansoyewodea/ Obuasi on 16/11/2012. Under Order 9 rule 5 (a) of C.I. 47, the Defendants had eight days to enter appearance. Having failed to do so, the Plaintiff filed an ex- parte application for an interlocutory Judgment in default of appearance under Order 10 rule 2 of C.I. 47 and the same was granted …

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