AGYEMANG VRS CHRIST THE REDEEMER INVESTMENT LTD (A2/18/2023) [2022] GHADC 410 (1 November 2022)
The parties reached an amicable settlement through mediation, agreeing that the defendant will pay the plaintiff GH¢1,000.00 monthly until the debt is settled. The court adopted the terms of settlement as the consent judgment.
Source-derived case information.
- Citation
- [2022] GHADC 410
- Parties
- Plaintiff: Edward Asamoah Agyemang; Defendant: Christ the Redeemer Investment Ltd
- Court
- District Court
- Jurisdiction
- Ghana
- Case Number
- A2/18/2023
- Procedural Posture
- Civil / Consent Judgment
- Outcome
- Consent Judgment entered as per terms of settlement
- Legal Topics
- Debt Recovery, Settlement, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Asamoah Agyemang
Plaintiff
Christ the Redeemer Investment Ltd
Defendant
Procedural Posture
Civil / Consent Judgment
Legal Issues
- 1 Whether the defendant owes the plaintiff GH¢29,000.00 as outstanding investment balance
- 2 Whether the parties have reached a binding settlement
Ratio Decidendi
The parties reached an amicable settlement through mediation, agreeing that the defendant will pay the plaintiff GH¢1,000.00 monthly until the debt is settled. The court adopted the terms of settlement as the consent judgment.
Court Disposition
Consent Judgment entered as per terms of settlement
Orders
- Defendant to pay GH¢1,000.00 monthly to plaintiff starting end of September 2022 until the debt is settled
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT SEKONDI ON TUESDAY THE 1ST DAY OF NOVEMBER, 2022. BEFORE HER WORSHIP, NANA ABENA ASOH OWUSU- OMENYO (ESQ) THE MAGISTRATE. SUIT NO. A2/18/2023 EDWARD ASAMOAH AGYEMANG VS. CHRIST THE REDEEMER INVESTMENT LTD - - PLAINTIFF DEFENDANT PARTIES: Plaintiff Defendant - - Present Present CONSENT JUDGMENT The Plaintiff instituted this suit against the Defendant for the following reliefs: 1. The Plaintiff recovery of cash the sum of GH¢29,000.00 being an outstanding balance of investment sum Defendant/Company owes Plaintiff since, 21st December, 2017. 2. Cost. Upon the matter being called on October 3rd, 2022 the claim was read and explained to the Defendant and the Defendant pleaded liable to the claim. However, the Parties prayed the Court grant them leave to attempt settlement and file same if any. The Parties were therefore referred to CCADR, in accordance with section 64(1) of the Alternative Dispute Resolution Act, 2010 (Act 798), which states that; ‘’ a Court before which an action is pending may at any stage in the proceedings, if it is of the view that mediation will facilitate the resolution of the matter or a part of the matter in dispute, refer the matter or that part of the matter to mediation.” The Parties were able to come to an amicable settlement with the guidance of the mediator at the ADR session. The Parties therefore agreed to the following terms of settlement and prayed the Court to adopt same and enter Consent Judgment as follows: 1. That both Parties have come to a consensus that Christ the Redeemer Susu Service represented by Mr. Charles Enchill (Defendant) and the Savings Payment Committee will pay an amount of One Thousand Ghana Cedis (GH¢1,000.00) every month to Mr Edward Asamoah Agyemang (Plaintiff) with effect from ending of September, 2022 all things being equal. BY COURT: Parties have filed terms of settlement dated October 3rd, 2022 and pray same is adopted by the Court as their Consent Judgment. The terms of settlement filed by Parties on October 3rd, 2022 is hereby adopted as the Consent Judgment of the Court. H/W NANA ABENA ASOH OWUSU-OMENYO (ESQ) DISTRICT MAGISTRATE COURT ‘A’ SEKONDI 2