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CECILIA NKETIA V. ALICE VIOLET KUMA

(2017) JELR 69760 (HC)

High Court  •  SUIT NO.: BDC/10/2015  •  22 Dec 2017  •  Ghana

Coram
SAMUEL K. A. ASIEDU J.

Judgement

By a writ of summons issued on the 6th May 2015, the plaintiff in this matter claims against the defendant

“An order for the refund of US$97,000.00 being the purchase price paid by the Plaintiff to the Defendant for the House No. 8, Community 3, Tema, the consideration of which has failed.

Interest on US$97,000.00 from 1st December 2008 to date of final payment at the prevailing bank rate.

General Damages

Costs.”

After the service of the writ and its accompanying statement of claim, the defendant filed an appearance and later a statement of defence in which she counterclaim against the plaintiff:

A declaration that the Plaintiff is in breach of contract,

Damages for breach of contract.

Cost.

The case was set down for hearing after the failure of pre-trial settlement. The parties gave evidence and closed their case without calling any witness to testify.

From the pleadings of the parties the court finds that the parties agree that in the year 2006, they entered into an agreement for the defendan…

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