K2 POTENTIAL COMPANY LTD. VRS. AGYEIWAA (CM/RPC/0348/2023) [2024] GHAHC 63 (25 April 2024)

K2 POTENTIAL COMPANY LTD. VRS. AGYEIWAA (CM/RPC/0348/2023) [2024] GHAHC 63 (25 April 2024)

The Plaintiff proved its claim on the preponderance of probabilities through unchallenged evidence and documentary exhibits. The Defendant, having been duly served but failing to appear or defend, is deemed to have admitted the Plaintiff's case. Judgment is entered for the Plaintiff for the sum claimed, with interest and costs.

Citation
K2 POTENTIAL COMPANY LTD. VRS. AGYEIWAA (CM/RPC/0348/2023) [2024] GHAHC 63 (25 April 2024)
Parties
Plaintiff: K2 Potential Company Ltd.; Defendant: Rose Agyeiwaa
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 April 2024
Procedural Posture
Civil Recovery of Debt / Final Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Debt Recovery, Default Judgment, Right to Be Heard, Preponderance of Probabilities
Source Language
eng
Commercial Law Contract Law Debt Recovery Default Judgment Right to Be Heard Preponderance of Probabilities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

K2 Potential Company Ltd.

Plaintiff

Rose Agyeiwaa

Defendant

Procedural Posture

Civil Recovery of Debt / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is indebted to the Plaintiff in the sum of GHS 443,065.00 for goods supplied
  2. 2 Whether the Plaintiff is entitled to interest and costs
  3. 3 Whether the Defendant waived her right to be heard by failing to appear

Ratio Decidendi

The Plaintiff proved its claim on the preponderance of probabilities through unchallenged evidence and documentary exhibits. The Defendant, having been duly served but failing to appear or defend, is deemed to have admitted the Plaintiff's case. Judgment is entered for the Plaintiff for the sum claimed, with interest and costs.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff GHS 443,065.00
  • Interest on GHS 443,065.00 from 13th April 2022 until date of final payment at simple interest rate