An Accra Commercial High Court has delivered judgement against Servistar Minwax W.A Ltd, a company owned by Henry Ekow Manly–Spain, in a case brought against the company by Kommandit Gesellschaftmti-verteibsgesellscaft Mbh & Co. (KGMTI).
Mainly-Spain lost in the chairmanship race of the National Democratic Congress (NDC) in the Greater Accra Region.
The judgement of the court was for but not limited to the recovery of the value of $276,465 on a bill of exchange dated 13th March, 2014, drawn on Defendants by the Plaintiff and accepted by the Defendant.
The Plaintiff wanted the court to order the recovery of the remainder of the value of $443,614.50 (after considering relief A above) being the total value of the consignment of frozen meat supplied on CIF terms by Plaintiff to the Defendant, less an amount of US$100,200 realized on the resale of part to a third party, among other reliefs.
Justice Eric Kyei Baffour stated that under the law, a party is required to take steps that are reasonable to mitigate losses, adding that “damages awarded are subject to the rule that an innocent party to a contract is under obligation to take reasonable steps to mitigate losses.”
The court held that it was reasonable that Kommandit be made to recover the cost of “these expenses it was made to pay and I grant it.”
In another case, PMI Foods Bahnhofstasse 1, Switzerland, filed a suit against Servistar Minwax W.A Ltd for recovery of debts owed it.
From the Entry of Judgment dated and entered on November 28, 2016, a justice of the High Court again entered judgement against Servistar as follows:
“Payment for the sum of $144,002.24 being the cost of products unpaid since January 2014.”
It added, “Interest on the above sum at the prevailing dollar bank rate of 12% per annum from 1st January 2014 till date of final payment being $53,280.83 (i.e. interest rate of 12% per annum from 1st January 2014 to 24th January, 2017”).
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