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KIMATHI DAKE V. TRUSTCON LTD AND CONSTRUCTION PIONEERS

(2012) JELR 65198 (HC)

High Court  •  SUIT NO.C473/02  •  31 Oct 2012  •  Ghana

Coram
HIS LORDSHIP MR JUSTICE P. BRIGHT MENSAH

Judgement

Per a writ of summons sealed in this registry on 17/04/02 the Plaintiff claimed against both defendants:-

1. A declaration that the Plaintiff is entitled by virtue of his parol contract with the 1st defendant to 50% of all profit made by the 1st defendant from that contract.

2. An order directed at the 1st defendant to render account of all monies received from the inception of the contract to date.

3. A mandatory injunction directed at the 1st defendant from taking the balance of the contract payment outstanding with the 2nd defendant until the final determination of this suit.

4. An order directed at the 2nd defendant not to pay the remainder of the outstanding contract payment to the 1st defendant until the determination of this suit.

5. An order directed for breach of contract.

6. Cost.

The claim of the Plaintiff was met with a counterclaim by the 1st defendant. By its Amended Statement of Defence and Counterclaim, Trustcon Ltd claimed against the Plaintiff:-

1. the sum of ¢30,000,000.00 …

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