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NTHC LTD V. GHANA COCOA BOARD

(2016) JELR 65342 (HC)

High Court  •  SUIT NO.OCC/05/2015  •  22 Jul 2016  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Judgement

Plaintiff, a guarantor of a loan advanced by the defendant to a company by name Dio Jean Ltd. for the purchase and delivery of cocoa for the 2012/13 cocoa season, birthed this writ out of the Registry of the court on the 9th of January, 2015 claiming the following reliefs:

i. A declaration that the arrangement between defendant and Dio Jean Co Ltd which led to an outstanding debt of GHc830.000.00 plus interest of Ghc132.800.00 carried forward from the 2011/12 season illegally deducted from the cocoa delivered by Dio Jean Co. Ltd during the 2012/13 season, is an unlawful and unethical business practice.

ii. A declaration that the decision by defendant to illegally deduct the outstanding debt of Ghc830.000.00 plus interest of Ghc 132.800.00 carried forward from the 2011/12 season is unilateral, capricious and arbitrary, in so far as it did not relate to the guarantee issued by plaintiff for the 2012/13 season.

iii. An order directed at the defendant for the immediate refund of the aggregat…

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