[2021]DLHC12005November 17, 2021High Court

IS INTERNET SOLUTION GHANA LTD vs. RICO SOLUTIONS

The Plaintiff, Internet Solution Ghana Ltd, contracted to provide internet services (MPLS VPN) to the Defendant, Rico Solutions, who in turn was contracted by Peduase Valley Resort (PVR) to provide internet services. The Plaintiff claimed an outstanding balance of GH¢40,787.59 for services rendered between January and August 2017. The Defendant denied owing the amount, alleging the Plaintiff failed to provide stable and uninterrupted internet service to PVR, leading to termination of the contract by PVR and subsequent loss of profits and reputation for the Defendant. The Defendant counterclaimed for unfair competition and damages arising from the Plaintiff's direct contract with PVR after termination of the contract with the Defendant.

read more

JUDGMENT The Plaintiff Company on the 17th January, 2019 issued a writ of summons accompanied by a statement of claim against the Defendant for the following reliefs; (a) Recovery of the sum of GH¢ 40,787.59 being the outstanding balance due the Plaintiff for internet services/MPLS VPN rendered to the Defendant. (b) Interest on the sum of GH¢ 40,787.59 at the commercial lending rate from 1st March,2017 to date of final payment (c) Costs, inclusive of lawyer’s fees assessed at 10% of claim. The Defendant in their statement of defence and counterclaim filed on 10th July, 2019 denied the Plaintiff’s claim. PLAINTIFF’S CASE The averments contained in the statement of claim are that the Plaintiff is an IP based broadband communication service and other internet related services provider with the Defendant as an IT services provider and consultant. On the 1st January, 2017 the Plaintiff agreed to provide to th...