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DONEWELL LIFE COMPANY LIMITED V. EM CAPITAL PARTNERS LIMITED

(2018) JELR 64948 (HC)

High Court  •  SUIT NO: GJ/109/2017  •  15 Oct 2018  •  Ghana

Coram
JUSTICE KWEKU T. ACKAAH-BOAFO

Judgement

JUDGMENT

ACKAAH-BOAFO, J.

i. Introduction

[1] The focus of this trial was on the claim by Donewell Life Company Limited, the Plaintiff, for payment of GH¢1,826,426.26 being the proceeds of an investment made with the Defendant, E.M. Capital Partners Limited together with interest at the rate of 32% from 24th January 2017 till the date of final payment. Principally, the Plaintiff accuses the Defendant of breach of contract.

[2] Other issues for trial were:

(i) whether or not an agreement was entered into between the parties that the Plaintiff’s investment be given to a third party as a loan during the investment period;

(ii) whether or not the parties agreed that the Plaintiff waives any action for the recovery of the Plaintiff’s investment until the Defendant recovers the amount from the third party; and

(iii) whether or not the Plaintiff is entitled to its reliefs as endorsed on its Writ of Summons and Statement of Claim.

ii. The Action

[3] Per a writ of summons sealed in this Registry on 30t…

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