Dereck Gyimah Vrs Archiebald Nii Martei Armah & 2 Ors. [2023] GHACC 459 (10 May 2023)

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON 10TH DAY OF MAY, 2023 BEFORE HER HONOUR KIZITA NAA KOOWA QUARSHIE, CIRCUIT COURT JUDGE SUIT NO. C2/157/2023 DERECK GYIMAH VS 1. ARCHIEBALD NII MARTEI ARMAH 2. ESTHER ANNANG 3. PRINCE DE HENRY EDUCATIONAL COMPLEX LTD. ========================================================= Plaintiff present Defendants absent Gregory Kwesi Aseidu for Andrew Apau Oppong for the Plaintiff/Applicant BY COURT: On docket is a Motion-on-Notice for final judgment in default of defence by the Plaintiff/Applicant against the named Defendants. After hearing the motion and reading the accompanying affidavit this court grants Plaintiff/Applicant final judgment in respect of his 1st claim that is repayment of GH¢400,000.00 with interest accrued at the current bank rate. The court grants Plaintiff/Applicant interlocutory judgment in respect of his 2 claim ie (b) damages for breach of contract. The issue of costs will be determined later. The Plaintiff/Applicant is to serve Defendant/Respondents with the Entry of Judgment. If after 14 days no new steps are taken by the Defendant/Respondents, Plaintiff/Applicant is to come to court for further directions. (SGD) H/H KIZITA NAA KOOWA QUARSHIE CIRCUIT COURT JUDGE IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON 23RD DAY OF JUNE, 2023 BEFORE HER HONOUR KIZITA NAA KOOWA QUARSHIE, CIRCUIT COURT JUDGE SUIT NO. C2/157/2023 DERECK GYIMAH VS 1. ARCHIEBALD NII MARTEI ARMAH 2. ESTHER ANNANG 3. PRINCE DE HENRY EDUCATIONAL COMPLEX LTD. ========================================================= Plaintiff present Defendants absent Gregory Kwesi Aseidu for Andrew Apau Oppong for the Plaintiff/Applicant BY COURT: Counsel said the court earlier granted him Judgment-in-default of defence for his 1st relief and told him to serve the entry of judgment on the Defendant. He was to come to court in respect of relief (2) ie damages for breach of contract if the Defendant fails to take steps after the Entry of Judgment has been served on him. The court was to determine costs at a later date. Counsel for Plaintiff prayed that the 2nd relief be waived so that they can save time and for costs of GH¢10,000.00 against the Defendant. BY COURT: The court awards costs of GH¢10,000.00 to the Plaintiff. The court has already given final judgment for the repayment of GH¢400,000.00 with interest accrued at the current bank rate from the date of judgment till the money is finally paid (until final payment). The second relief is waived. Plaintiff to serve entry of judgment on Defendant and court notes of today. (SGD) H/H KIZITA NAA KOOWA QUARSHIE CIRCUIT COURT JUDGE