ARIYIE VRS BEST ASSURANCE COMPANY LIMITED (C2/177/2023) [2023] GHACC 847 (19 December 2023)

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA BEFORE HER HONOUR SUSANA EDUFUL (MRS.) CIRCUIT COURT ‘3’ JUDGE ON TUESDAY THE 19TH DAY OF DECEMBER 2023 SUIT NO. C2/177/2023 RICHARD AKWASI ARIYIE PLAINTIFF VS. BEST ASSURANCE COMPANY LIMITED DEFENDANT PLAINTIFF PRESENT AND REPRESENTED DEFENDANT ABSENT BUT REPRESENTED CONSENT JUDGMENT The Plaintiff filed a Writ of Summons dated March 16th, 2023 for the following claim(s); a. Recovery of the sum of Eighty-Eight Thousand Two Hundred Ghana Cedis (GH₵88,200.00) being the outstanding balance on an insurance claim. b. Interest on the sum of Eighty-Eight Thousand Two Hundred Ghana Cedis (GH₵88,200.00) at the prevailing bank commercial rate from the 1st day of October, 2022 to the date of final payment. c. Damages for breach of contract. d. Any further or other reliefs. e. Costs. Counsel for the Plaintiff on 19th day of December, 2023 prayed that the court adopts the Terms of Settlement filed as Consent Judgment. The parties have settled the matter out of court and they have filed their Terms of Settlement accordingly. The Terms of Settlement filed by the parties on 13th day of December 2023 read as follows: 1. That the Defendant shall pay the Plaintiff the sum of Eighty- Eight Thousand Two Hundred Ghana Cedis (GH₵88,200.00) being full and final settlement of the Plaintiff’s claim with regards to the instant suit. 2. The Defendant has agreed to settle the aforementioned claim on the 27th day of January, 2024. 3. That the parties have also agreed to it that the interest on the claim aforementioned shall be waived. 4. That the Plaintiff’s Solicitors shall be entitled to a legal fee being 10% of the claim, amounting to the sum of Eighty- Eight Thousand Two Hundred Ghana Cedis (GH₵88,200.00). 5. That the Defendant shall issue a post-dated cheque in the name of the Plaintiff and the Solicitors for the payment of the claim and the legal fees respectively before the adoption of these Terms of Settlement as Consent Judgment by this Honourable Court. 6. The Terms of Settlement shall be subject to the Usual Default Clause, and for the avoidance of doubt, in the event of a breach the Plaintiff, shall void this agreement, reinstate all the waived accrued interest and demand immediate settlement of the overdue indebtedness. 7. That these terms constitute the entire agreement between the Plaintiff and the Defendant regarding the matters contained herein, and the same shall not be varied without the parties filing varied Terms of Settlement in court. BY COURT The court having considered all the processes filed and also hearing from both Counsels for the parties, the court accordingly grant the application as prayed. The terms of settlement filed by the parties on 13/12/2023 is hereby adopted as Consent Judgment. LEGAL REPRESENTATION ALFRED ENYAAH ESQ. FOR THE PLAINTIFF CHRISTOPHER KWAME MEENU ESQ. FOR THE DEFENDANT H/H SUSANA EDUFUL (MRS.) CIRCUIT COURT JUDGE 3