Joseph K. Okyere Vrs Riseglobe Energy [2023] GHACC 496 (3 March 2023)

Joseph K. Okyere Vrs Riseglobe Energy [2023] GHACC 496 (3 March 2023)

The defendant is estopped by conduct from denying the validity of the rent payment arrangement, having agreed to pay the cedi equivalent of the USD rent. The Bank of Ghana, not the defendant, is the proper party to enforce its policy. The defendant has no reasonable defence to the plaintiff's claim for reliefs b) and d).

Citation
[2023] GHACC 496
Parties
Plaintiff: Mr. Joseph K. Okyere; Defendant: Riseglobe Energy
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 March 2023
Procedural Posture
Civil / Summary Judgment Ruling
Outcome
summary judgment for plaintiff
Legal Topics
Summary Judgment, Estoppel, Foreign Currency Transactions, Rent Payment
Source Language
English
Contract Law Summary Judgment Estoppel Foreign Currency Transactions Rent Payment

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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr. Joseph K. Okyere

Plaintiff

Riseglobe Energy

Defendant

Procedural Posture

Civil / Summary Judgment Ruling

Legal Issues

  1. 1 Whether the defendant has a reasonable defence to the plaintiff's claim for payment of rent and security deposit
  2. 2 Whether payment of rent in USD or its cedi equivalent contravenes Bank of Ghana policy and affects enforceability of the contract

Ratio Decidendi

The defendant is estopped by conduct from denying the validity of the rent payment arrangement, having agreed to pay the cedi equivalent of the USD rent. The Bank of Ghana, not the defendant, is the proper party to enforce its policy. The defendant has no reasonable defence to the plaintiff's claim for reliefs b) and d).

Court Disposition

summary judgment for plaintiff

Orders

  • Defendant to pay plaintiff the cedi equivalent of USD12,000 at the prevailing forex rate as of 03/11/2022.
  • Defendant to pay plaintiff interest on the above amount at prevailing Bank of Ghana rates from 01/07/2022 to 03/03/2023.