ABAYETA AND ANOTHER VRS. SUCASA PROPERTIES GHANA LTD. (CM/RPC/0207/2024) [2024] GHAHC 28 (12 April 2024)

ABAYETA AND ANOTHER VRS. SUCASA PROPERTIES GHANA LTD. (CM/RPC/0207/2024) [2024] GHAHC 28 (12 April 2024)

The Defendant admitted receipt of the sums and agreed to refund them. No triable issue or real defence was raised in law or on the facts. The written contract required written communications, making the alleged oral agreement irrelevant. Summary judgment is appropriate as there is no defence warranting a full trial.

Citation
ABAYETA AND ANOTHER VRS. SUCASA PROPERTIES GHANA LTD. (CM/RPC/0207/2024) [2024] GHAHC 28 (12 April 2024)
Parties
Plaintiff: Frederick Nsobila Abayeta; Plaintiff: Richmond Nti Nyarko; Defendant: Sucasa Properties Ghana Ltd.
Court
ghahc
Jurisdiction
Ghana
Judgment Date
12 April 2024
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
Summary judgment entered for Plaintiffs
Legal Topics
Summary Judgment, Enforcement of Contractual Obligations, Refund of Monies Paid
Source Language
eng
Contract Law Commercial Law Summary Judgment Enforcement of Contractual Obligations Refund of Monies Paid

Case Brief

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Parties

Frederick Nsobila Abayeta

Plaintiff

Richmond Nti Nyarko

Plaintiff

Sucasa Properties Ghana Ltd.

Defendant

Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 Whether the Defendant has a defence in law or on the facts to justify leave to defend the Plaintiffs' claims
  2. 2 Whether summary judgment should be entered for the Plaintiffs for recovery of sums paid under a contract

Ratio Decidendi

The Defendant admitted receipt of the sums and agreed to refund them. No triable issue or real defence was raised in law or on the facts. The written contract required written communications, making the alleged oral agreement irrelevant. Summary judgment is appropriate as there is no defence warranting a full trial.

Court Disposition

Summary judgment entered for Plaintiffs

Orders

  • Recovery of US$33,639.00 in favour of the 1st Plaintiff against the Defendant with interest at prevailing commercial bank rate from 1st August, 2022 till date of judgment
  • Recovery of GHS154,000.00 in favour of the 1st Plaintiff against the Defendant with interest at prevailing commercial bank rate from December, 2022 till date of judgment