AIRPORT CLINIC LTD V. PREMIER MUTUAL HEALTH

The dispute between the parties arose out of a contract for the provision of medical services by the Plaintiff to the employees of the Defendant. Plaintiff came to court alleging non-payment of its bill to the tune of Gh¢65,759.31 together with interest. The parties reconciled accounts and eventually agreed that an amount of Gh¢51,698.95 was what was payable. Defendant has duly settled the principal amount arising out of the reconciliation exercise. Before me now is the claim by Plaintiff seeking for an interest to be paid on the amount of GH¢51,698.95.

With the principal amount agreed between the parties having been paid and the only issue outstanding being that of interest on the monies paid, I was guided by Order 33 Rules 3 and 5 of the High Court (Civil Procedure) Rules, C. I. 47 which states as follows:

“3. The Court may order any question or issue arising in any cause or matter whether of fact or law, or partly of fact and partly of law, and raised by the pleadings to be tried bef…