[2016]DLHC7342 • March 15, 2016 • High Court
PROTON INTERNATIONAL NETWORK (PLAINTIFF) vs. KARE & KARE LTD (DEFENDANT)
The Plaintiff and Defendant entered into a Memorandum of Understanding (MOU) on 18 March 2014, whereby the Plaintiff was to provide consultancy services to secure an Airtime distributorship license from Airtel Ghana Ltd for the Defendant. The license was to appoint the Defendant as exclusive distributor for three Northern Regions for two years, renewable subject to performance. The Defendant was to pay USD 75,000 in Ghana Cedi immediately upon execution of the distributorship contract. The Plaintiff secured a distributorship license for only the Northern Region (not all three regions). The Defendant failed to acknowledge the appointment letter and did not pay the agreed sum, leading to this suit by the Plaintiff for payment and damages.
read moreA summary of the facts giving rise to the present action is that the Plaintiff and the Defendant herein entered into a memorandum of understanding (M.O.U) on the 18th of March, 2014 in which the Plaintiff was to provide consultancy services to the Defendant for the latter to be granted Airtime distributorship licence from Airtel Ghana Ltd. It was further agreed that the Airtime distribution license will appoint the Defendant an exclusive distributor for a period of two years (renewable subject to satisfactory performance). The parties further agreed that the Plaintiff was to secure the license for the Defendant before 1st April, 2014. In consideration of this the parties agreed that the Defendant was to pay the sum of $75,000.00 as compensation to the Plaintiff (but the payment was to be effected in Ghana Cedi). The parties further agreed that the said sum of money shall be paid by the Defendant to the Plaintiff immediately the contract for the distributorship of Airtel airtime is exec...