BENJAMIN AYISI ADDO vs. CHARITY AKOSUA ASABEA [2016]DLHC6276

Date	2016-12-09
Suit No.	Suit No. RPC/417/14
Citation No.	[2016]DLHC6276

JENNIFER DODOO (MRS)

CHARLES ASIEDU FOR PLAINTIFF

EGBERT FAIBILLIE JR FOR DEFENDANT

[2016]DLHC6276
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN AYISI ADDO<o:p></o:p>{PLAINTIFF}<o:p></o:p>vs.<o:p></o:p>CHARITY AKOSUA ASABEA<o:p></o:p>{DEFENDANT}<o:p></o:p>[HIGH
COURT (COMMERCIAL DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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Suit No. RPC/417/14&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 9TH DECEMBER 2016<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>CHARLES ASIEDU FOR PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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EGBERT FAIBILLIE JR FOR DEFENDANT<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>JENNIFER DODOO (MRS) JUSTICE OF THE
HIGH COURT<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>The Plaintiff and the Defendant used
to be married to each other.&nbsp; The
relationship between the parties has since broken down.&nbsp; Thereafter, the parties who were joint
shareholders of a Company Ephraim Gas Company Ltd had issues with the form the
Company should take on the dissolution of their marriage.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>As a result, the Plaintiff claimed
against the Defendant the sums of GH¢34,084.40 and GH¢65,000.00 being allowance
Plaintiff said were ordered by the court to be paid to him as shareholder for
the period December 2004 to August 2011 and also the outstanding balance of
weekly allowance due to Directors of Ephraim Gas Company Ltd from February 2012
to date respectively.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff’s case as encapsulated in
his Statement of Claim was that he had instituted a prior action against the
Defendant in Suit No. OCC/4/2007 entitled Benjamin Ayisi Addo v. Charity Akosua
Asabea.&nbsp; Judgment had been given in his
favour affirming that he was a 50% shareholder in Ephraim Gas Company Ltd.<o:p></o:p><o:p>&nbsp;</o:p>He stated that whilst the case was
pending in court, he had applied for and obtained an interim order in which
both parties were to be paid an allowance of GH¢700.00 each pending final
determination of the issues between them.<o:p></o:p>&nbsp;
<o:p></o:p>The Plaintiff averred further that
they eventually managed to arrive at an amicable settlement in which the
Plaintiff was to be paid a weekly allowance of GH¢500.00 until the property was
sold.<o:p></o:p><o:p>&nbsp;</o:p>It was the Plaintiff’s case that the
Defendant had reneged on this agreement by only paying GH¢1,000.00 representing
only 2 weeks allowance.&nbsp; It was his case
that the Defendant had arrogated to herself the benefits of the company and had
refused to abide by the very terms of settlement that they themselves had
signed.&nbsp;&nbsp;&nbsp; This amount had now ballooned
into the sum he had sued for .e. GH¢34,080.40.<o:p></o:p><o:p>&nbsp;</o:p>The Defendant in her defence stated
that judgment was given for the Plaintiff in part and for her as Defendant in
part as both she and the Plaintiff were to be paid GH¢70.00 per week each from
the business operations of the company.&nbsp;
In addition, an allowance of GH¢40.00 per week was to be made for the
upkeep of the children of the marriage.&nbsp;
She stated that in view of this arrangement, she first made provision
for the weekly payments for the children’s upkeep.&nbsp; Any money left over from the operations of
the company would then be paid over to herself and the Plaintiff.&nbsp; She contended that since the parties had by consent,
vacated the judgment of the court and instituted their own settlement, none of
them had any rights flowing from the said compromised judgment. She therefore
denied owing the Plaintiff the sums endorsed on the writ.<o:p></o:p><o:p>&nbsp;</o:p>The following issues were settled
for trial:<o:p></o:p><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">Whether or not the Plaintiff
 settled their dispute as evidenced by the Memorandum of Understanding
 dated 3rd February 2012 and thereby compromised their rights
 under the judgment of Suit No. OCC/4/2007?<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">Whether or not the Plaintiff
 and Defendant having compromised their rights under the judgment of Suit
 No. OCC/4/2007, Plaintiff can enforce any rights he may have previously
 had under the compromised judgment? <o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">Whether or not the Plaintiff
 can enforce any rights he may have previously had under the compromised
 judgment by instituting a fresh action in court? <o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">&nbsp; Whether or not Plaintiff accepted the
 letter of 12th November 2014 regarding payment of Defendant’s
 outstanding and continuing obligations under the Memorandum of
 Understanding dated 3rd February 2012?<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">Whether or not Plaintiff having
 accepted the letter of 12th November 2014, Plaintiff’s cause of
 action in terms of the Memorandum of Understanding dated 3rd
 February 2012 has accrued? <o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l4 level1 lfo1">Whether or not Plaintiff’s
 action in terms of the Memorandum of Understanding dated 3rd
 February 2012 is premature?<o:p></o</main>