ONASIS AND ANOTHER VRS NDK FINANCIAL SERVICES LIMITED (A2/096/23) [2024] GHADC 15 (15 February 2024)

ONASIS AND ANOTHER VRS NDK FINANCIAL SERVICES LIMITED (A2/096/23) [2024] GHADC 15 (15 February 2024)

Plaintiffs proved capacity as Administrators via Letters of Administration; defendant's own investment statement confirmed indebtedness for matured investment sum; defendant's failure to pay constitutes breach of contract, entitling plaintiffs to recovery of principal, interest, general damages, and costs.

Citation
ONASIS AND ANOTHER VRS NDK FINANCIAL SERVICES LIMITED (A2/096/23) [2024] GHADC 15 (15 February 2024)
Parties
Plaintiff: Effah Onasis; Plaintiff: Sandra Achiaa; Defendant: NDK Financial Services Limited
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiffs
Legal Topics
Breach of Contract, Investment Recovery, Capacity to Sue, Damages, Interest on Judgment Debt
Source Language
eng
Contract Law Estate Administration Breach of Contract Investment Recovery Capacity to Sue Damages Interest on Judgment Debt

Case Brief

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Parties

Effah Onasis

Plaintiff

Sandra Achiaa

Plaintiff

NDK Financial Services Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs are the Administrators of the estate of the late Charlotte Bonsu a.k.a. Charlotte Serwaa Bonsu
  2. 2 Whether the defendant is indebted to the late Charlotte Bonsu a.k.a. Charlotte Serwaa Bonsu as epitomized by her estate in the sum of GH¢322,527.52
  3. 3 Whether the plaintiffs are entitled to receive general damages from the defendant

Ratio Decidendi

Plaintiffs proved capacity as Administrators via Letters of Administration; defendant's own investment statement confirmed indebtedness for matured investment sum; defendant's failure to pay constitutes breach of contract, entitling plaintiffs to recovery of principal, interest, general damages, and costs.

Court Disposition

judgment for plaintiffs

Orders

  • Defendant to pay GH¢322,527.85 to plaintiffs as Administrators of the estate of Charlotte Bonsu a.k.a. Charlotte Serwaa Bonsu
  • Defendant to pay interest at 16% per annum on GH¢322,527.85 from 5th April 2022 to date of final payment