DONEWELL LIFE COMPANY LIMITED vs. EM CAPITAL PARTNERS LIMITED

i. Introduction [1] The focus of this trial was on the claim by Donewell Life Company Limited, the Plaintiff, for payment of GH¢1,826,426.26 being the proceeds of an investment made with the Defendant, E.M. Capital Partners Limited together with interest at the rate of 32% from 24th January 2017 till the date of final payment. Principally, the Plaintiff accuses the Defendant of breach of contract. [2] Other issues for trial were: (i) whether or not an agreement was entered into between the parties that the Plaintiff’s investment be given to a third party as a loan during the investment period; (ii) whether or not the parties agreed that the Plaintiff waives any action for the recovery of the Plaintiff’s investment until the Defendant recovers the amount from the third party; and (iii) whether or not the Plaintiff is entitled to its reliefs as endorsed on its Writ of Summons and Statement of Claim. ii. The Action [3] Per a writ of summo...