Aerodynamics Limited Vrs . Pa To Pa Building & Construction Ltd and Another [2022] GHAHC 53 (15 December 2022)

Aerodynamics Limited Vrs . Pa To Pa Building & Construction Ltd and Another [2022] GHAHC 53 (15 December 2022)

The Plaintiff proved on a preponderance of probabilities that the Defendants breached the Investment Agreement and failed to repay the loan and investment amounts. The Defendants' failure to file a defence or contest the evidence meant the Plaintiff's case stood uncontroverted, entitling it to judgment as claimed.

Citation
[2022] GHAHC 53
Parties
Plaintiff: Aerodynamics Limited; 1st Defendant: PA to PA Building & Construction Ltd; 2nd Defendant: Kwadwo Aikins
Court
High Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Civil / Judgment After Default of Defence
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Specific Performance, Damages, Default Judgment
Source Language
English
Contract Law Civil Procedure Breach of Contract Specific Performance Damages Default Judgment

Case Brief

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Parties

Aerodynamics Limited

Plaintiff

PA to PA Building & Construction Ltd

1st Defendant

Kwadwo Aikins

2nd Defendant

Procedural Posture

Civil / Judgment After Default of Defence

Legal Issues

  1. 1 Whether the Defendants breached the Investment Agreement dated 21 April 2021
  2. 2 Whether the Plaintiff is entitled to recovery of loan and investment amounts with interest
  3. 3 Whether the Plaintiff is entitled to damages and costs

Ratio Decidendi

The Plaintiff proved on a preponderance of probabilities that the Defendants breached the Investment Agreement and failed to repay the loan and investment amounts. The Defendants' failure to file a defence or contest the evidence meant the Plaintiff's case stood uncontroverted, entitling it to judgment as claimed.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendants to pay Plaintiff GH₵ 340,000 being the loan granted together with interest charged
  • Defendants to refund GH₵ 855,800.19 being the amount invested in the quarry project together with interest at 20% from 19th March 2021 to 17th June 2021