SULLEY DOLLEY V. MESSRS FND INVESTMENT (GH) LTD. AND ADE COKER

JUDGMENT

AMADU JSC 

(1) This appeal is from the decision of the Court of Appeal dated 2nd May 2013 which  dismissed an appeal by the Defendants/ Appellants/Appellants (the Appellants) from the judgment of the High Court in favour of  Plaintiff/Respondent/Respondent (‘the Respondents’). 

(2) In the High Court, the Respondent claimed against the Appellants per for an  amended writ of summons filed on 7/9/2011 the following reliefs; 

“(1) An order for the recovery of the amount of US$400,000 (Four  Hundred Thousand Dollars) paid to the Defendants at their request and  supported by MEMORANDUM OF UNDERSTANDING dated 17th day of  May 2006 and signed by both parties and their witnesses and which the  Defendants have failed to pay to the Plaintiff despite the abrogation of the  said MEMORANDUM OF UNDERSTANDING by the Defendants  themselves. 

 (2) Interest on the above US$400,000 (Four Hundred Thousand  Dollars) at the rate of 3% (three percent) per month from May 2006 up to  date of final payment …