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SAMWINE DOMINIC
V.
SULLEMANA MENSAH & ANOTHER

(2013) JELR 65643 (HC)

High Court 15 Jan 2013 Ghana
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- Plaintiff awarded recovery of GH¢12,600 as special damages (with interest) for Defendants’ breach of an oral mining investment contract, plus GH¢1,000 general damages and GH¢800 costs, following Defendants’ default in appearance. - Court

Case Details

Suit Number:CIVIL APPEAL NO.RPC/37/13
Judges:HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Counsel:STEPHEN OFORI FOR GEORGE SARPONG FOR THE PLAINTIFF.

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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