Investpro Agri Africa Ltd. Vrs Ghana Cocoa Marketing Association Coop) [2023] GHAHC 358 (25 January 2023)

Investpro Agri Africa Ltd. Vrs Ghana Cocoa Marketing Association Coop) [2023] GHAHC 358 (25 January 2023)

The defendant failed to show any credible or cogent evidence of a viable defence; the written agreements are binding and oral variations are inadmissible. The defendant is liable for the sums claimed by the plaintiff.

Citation
[2023] GHAHC 358
Parties
Plaintiff/applicant: Investpro Agri Africa Ltd; Defendant/respondent: Ghana Cocoa Marketing Association (Coop)
Court
High Court
Jurisdiction
Ghana
Judgment Date
25 January 2023
Procedural Posture
Commercial / Ruling on Motion for Summary Judgment
Outcome
summary judgment for plaintiff
Legal Topics
Summary Judgment, Loan Facility, Breach of Contract, Evidence Admissibility
Source Language
English
Contract Law Commercial Law Summary Judgment Loan Facility Breach of Contract Evidence Admissibility

Case Brief

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Parties

Investpro Agri Africa Ltd

Plaintiff/applicant

Ghana Cocoa Marketing Association (Coop)

Defendant/respondent

Procedural Posture

Commercial / Ruling on Motion for Summary Judgment

Legal Issues

  1. 1 Whether the defendant is indebted to the plaintiff under the executed loan and addendum agreements
  2. 2 Whether the defendant has a viable defence to the plaintiff's claims
  3. 3 Whether oral agreements can vary the terms of the written contract

Ratio Decidendi

The defendant failed to show any credible or cogent evidence of a viable defence; the written agreements are binding and oral variations are inadmissible. The defendant is liable for the sums claimed by the plaintiff.

Court Disposition

summary judgment for plaintiff

Orders

  • Defendant to pay plaintiff US$1,000,000.00 with interest at prevailing commercial bank rate from 1st September 2022 until payment, payable in cedi equivalent at prevailing exchange rate.
  • Defendant to pay plaintiff GH¢681,750.00 as outstanding margin for October 2021, July 2022, and August 2022, with interest at prevailing commercial bank rate from when due until payment.