SULLEY DOLLEY
V.
MESSRS FND INVESTMENT (GH) LTD. AND ADE COKER

(2021) JELR 109036 (SC)    
Supreme Court  ·  J4/20/2015 ·  27 May 2021 ·  Ghana
CORAM
YEBOAH CJ (PRESIDING), PWAMANG JSC, AMEGATCHER JSC, OWUSU (MS.) JSC, AMADU JSC
Core Terms Beta
appellants
respondent
court
interest
foreign exchange
court of appeal
foreign currency
rate
judgment interest
ghana cedis
high court
learned justices
statement of case
2nd may
award of interest
date of final payment of the us
foreign exchange act
issue of restitution
judgment of the high court
supreme court
appellants’ appeal
appellants case
best means
circumstances of the case
companies act
conclusive proof of violations of the statutes
decision of the court of appeal
following recommendations
following reliefs
following terms
interest payments
investment agreement
issue of payments of interest
learned justices of the court of appeal
modern approach
new particulars of illegality
pay interest
principles of the defence of illegality
questions of fact
recovery of the amount of us
weight of the evidence

JUDGMENT

AMADU JSC 

(1) This appeal is from the decision of the Court of Appeal dated 2nd May 2013 which  dismissed an appeal by the Defendants/ Appellants/Appellants (the Appellants) from the judgment of the High Court in favour of  Plaintiff/Respondent/Respondent (‘the Respondents’)

(2) In the High Court, the Respondent claimed against the Appellants per for an  amended writ of summons filed on 7/9/2011 the following reliefs; 

“(1) An order for the recovery of the amount of US$400,000 (Four  Hundred Thousand Dollars) paid to the Defendants at their request and  supported by MEMORANDUM OF UNDERSTANDING dated 17th day of  May 2006 and signed by both parties and their witnesses and which the  Defendants have failed to pay to the Plaintiff despite the abrogation of the  said MEMORANDUM OF UNDERSTANDING by the Defendants  themselves. 

 (2) Interest on the above US$400,000 (Four Hundred Thousand  Dollars) at the rate of 3% (three percent) per month from May 2006 up to  date of final payment …

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