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SAMWINE DOMINIC V. SULLEMANA MENSAH & ANOTHER

(2013) JELR 65643 (HC)

High Court  •  CIVIL APPEAL NO.RPC/37/13  •  15 Jan 2013  •  Ghana

Coram
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)

Appearances
STEPHEN OFORI FOR GEORGE SARPONG FOR THE PLAINTIFF.

Judgement

JUDGEMENT

The Plaintiff herein commenced an action against the Defendants herein on 13/11/2012 for these reliefs:

a. Declaration that defendants have breached the contract entered into with Plaintiff in June, 2011.

b. Recovery of the sum of GH¢12, 600.00 being monies plaintiff invested in the defendant’s mining business to share the proceeds there from which agreement defendants have breached.

c. Interest on the said GH¢12, 600.00 at the prevailing bank rate from June, 2011 till date of final payment.

d. Damages for breach of contract

e. Any other relief(s) that the Honourable Court may consider just to award.

The writ of summons and statement of claim were duly served on the Defendants at Ahansoyewodea/ Obuasi on 16/11/2012. Under Order 9 rule 5 (a) of C.I. 47, the Defendants had eight days to enter appearance. Having failed to do so, the Plaintiff filed an ex- parte application for an interlocutory Judgment in default of appearance under Order 10 rule 2 of C.I. 47 and the same was granted …

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