CHY TRADING LTD. VRS. BIGLEBB CONSTRUCTION & CRUSHING LTD. AND ANOTHER (CM/RPC/0600/2019) [2025] GHAHC 27 (28 January 2025)
Plaintiff failed to establish locus standi as there was no sufficient nexus between Plaintiff and Defendants regarding the debt; assignment of debt was not properly notified to Defendants and thus unenforceable; Plaintiff's claim fails for lack of capacity.
- Citation
- [2025] GHAHC 27
- Parties
- Plaintiff: CHY Trading Ltd.; 1st Defendant: Biglebb Construction & Crushing Ltd.; 2nd Defendant: Giovanni Antonelli
- Court
- High Court
- Jurisdiction
- Ghana
- Judgment Date
- 28 January 2025
- Case Number
- CM/RPC/0600/2019
- Procedural Posture
- Civil (commercial Division) / Judgment
- Outcome
- Plaintiff's suit dismissed for lack of capacity/locus standi.
- Legal Topics
- Assignment of Debt, Locus Standi, Corporate Veil, Contractual Capacity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
CHY Trading Ltd.
Plaintiff
Biglebb Construction & Crushing Ltd.
1st Defendant
Giovanni Antonelli
2nd Defendant
Procedural Posture
Civil (commercial Division) / Judgment
Legal Issues
- 1 Whether the Plaintiff had an oral contractual agreement with the Defendants
- 2 Whether the Defendants owe the Plaintiff the sum of GH¢552,627.91 for petroleum products
- 3 Whether the Defendants breached the agreement
Ratio Decidendi
Plaintiff failed to establish locus standi as there was no sufficient nexus between Plaintiff and Defendants regarding the debt; assignment of debt was not properly notified to Defendants and thus unenforceable; Plaintiff's claim fails for lack of capacity.
Court Disposition
Plaintiff's suit dismissed for lack of capacity/locus standi.
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