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OBAK AUTOMOBILE LTD V. NANA KWESI KODUA ENTERPRISE AND ANOTHER

(2018) JELR 69601 (HC)

High Court  •  SUIT NO. CM/BDC/0857/16  •  26 Mar 2018  •  Ghana

Coram
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Judgement

KOOMSON J.

A brief background to the procedural history of this case is necessary so as to highlight the conduct of the defendants. On 9th December, 2016, the Plaintiff issued a Writ of Summons against the Defendants asking for the following reliefs:-

1. A declaration that the refusal or failure of the Defendants to make instalment payments on the buses amount to a breach of the parties Hire Purchase Agreement dated 22nd January, 2014.

2. An Order compelling the Defendants to pay all outstanding indebtedness on the buses with interest from 30th June, 2014.

3. An Order for recovery of possession and judicial sale of the buses to defray part of the debt owed by the Defendants to the Plaintiff.

4. General damages for breach of contract.

5. Costs

On the 13th December, 2016, the Defendants were served with the said Writ of Summons. Then on the 19th December, 2014, the Defendants entered appearance through their solicitor Elvis Ofori Asante. The Defendants then filed a statement of defence on the …

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