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TIM GARNER AND FRANK STANKUNAS V. ECOBANK GHANA LTD

(2017) JELR 64419 (HC)

High Court  •  SUIT NO. CM/0018/16  •  22 Dec 2017  •  Ghana

Coram
AKUA SARPOMAA AMOAH (MRS.) JUSTICE OF THE HIGH COURT

Appearances
DARKOA AKROFI-AMANOR AND AKUA ASARE-MIREKU HOLDING BRIEF FOR ISAAC OFOSU BOATENG FOR THE DEFENDANT.

Judgement

JUDGMENT

AMOAH (MRS.) J.

The Plaintiffs are Shareholders and Directors of AMG West Africa Ltd. (AMG) a Ghanaian registered company licensed to import fertilizer into Ghana. By a writ dated the 12th day of January, 2016, the Plaintiffs claimed against the Defendant for:

a) Recovery of the sum of One Hundred and Forty Six Thousand Seventy Five US Dollars (US$146,075.00) being the outstanding balance owed the Plaintiffs by the Defendant.

b) Interest on the said amount from July 2014 till date of final payment.

c) Damages of breach of contract.

d) Costs.

It is the case of the Plaintiffs that they, sometime in June 2012, together with one Ernest Kwasi Appiah (Ernest) formed the limited liability company AMG. In the year 2013, the said company was awarded a contract by the Ministry of Food and Agriculture (MOFA) to import 16,000 metric tons of fertilizer into this country. To facilitate this importation, Enepa Ventures Limited (Enepa), also a Limited Liability Company acting by its shareholder, …

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