Automated Summary
Key Facts
The court granted summary judgment to the Plaintiff (YOURS (SL) LIMITED) for Le 219,000,000.00 under Order 16 of the High Court Rules, 2007. The Defendants (PAH INTERNATIONAL CO. LTD and PA. SANTHIKIE MAMBAY KANU) did not file a defense, and exhibits (F, G, H, J) demonstrated their failed attempts to repay the debt via dishonored cheques. Judgment was entered for breach of contract, fraud, and interest, with costs deferred.
Transaction Type
Purchase Agreement
Issues
- Determination of interest to be assessed on the principal amount of Le 219,000,000.00.
- Whether the Defendants have a valid defense under Order 16 of the High Court Rules, 2007, regarding the claim for Le 219,000,000.00, damages for breach of contract, damages for fraud, interest, and costs.
- Whether costs should be awarded to the Plaintiff at this stage, with the court declining to make an order as to costs.
- Recovery of Le 219,000,000.00 as per the Purchase Agreement, with damages for breach of contract and fraud to be assessed, supported by exhibits F, G, H, and J showing attempted repayment through dishonored negotiable instruments.
Holdings
- Damages for breach of contract to be assessed
- No order as to costs at this stage.
- Damages for fraud to be assessed
- Interest to be assessed
- That Judgment be entered for the Plaintiff in the sum of Le 219,000,000.00 (Two Hundred and nineteen Million Leones)
Remedies
- Recovery of the sum of Le 219,000,000.00 (Two Hundred and nineteen Million Leones)
- Damages for breach of contract to be assessed
- Interest to be assessed
- No order as to costs at this stage
- Damages for fraud to be assessed
Monetary Damages
219000000.00
Legal Principles
- The court determined that the plaintiff proved its claim on a balance of probabilities, entitling it to judgment under Order 16 of the High Court Rules, 2007.
- The burden on the plaintiff to demonstrate no defense to the claim was satisfied through exhibits showing the defendants' failed attempts to repay the debt and their failure to file a defense.
Cited Statute
High Court Rules, 2007
Judge Name
HON. MR. JUSTICE SENGU M. KOROMA
Passage Text
- That Judgment be entered for the Plaintiff in the sum of Le 219,000,000.00 (Two Hundred and nineteen Million Leones)
- From the affidavit evidence and submission of Counsel for the Plaintiff, the standard procedure to be followed in an application for Summary Judgment has been complied with. The Plaintiff has therefore proved its claim on a balance of probabilities and is entitled to Judgment.
- In the instant case, the Defendants have not filed any defence to the action. In any event exhibits F,G,H and J has established that the Defendants attempted to repay the exact amount of money being claimed by the Plaintiff.
Damages / Relief Type
- Recovery of the sum of Le 219,000,000.00 (Two Hundred and nineteen Million Leones)
- Damages for fraud to be assessed
- No order as to costs at this stage
- Interest to be assessed
- Damages for breach of contract to be assessed