Societe Generale Ghana PLC v Kingdom Beverages Limited and Others (CM/RPC/0505/24) [2025] GHAHC 96 (28 May 2025)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, (COMMERCIAL COURT DIVISION 6) HELD IN ACCRA ON WEDNESDAY THE 28TH DAY OF MAY, 2025 BEFORE HER LADYSHIP JUSTICE SEDINA AGBEMAVA SOCIETE GENERALE GHANA PLC PLAINTIFF SUIT NO.: CM/RPC/0505/24 RING ROAD CENTRAL ACCRA. VRS. 1. KINGDOM BEVERAGES LIMITED BEHIND ANGELICA HOTEL SHIASHIE – ACCRA. 2. UNIQUE KINGDOM COMMUNICATION LIMITED #191B TETTEFIO STREET SHIASHIE, EAST LEGON ACCRA. 3. KINGDOM HERBAL CENTRE KIMBERLY AVENUE OKAISHIE DRUG LANE ACCRA. DEFENDANTS 4. JONATHAN KWAME AMOFA HOUSE NO. 221/10 ADJIRIGANOR EAST LEGON – ACCRA. --------------------------------------------------------------------------------------------------------------------- PARTIES: PLAINTIFF REPRESENTED BY MICHAEL AGUDETSE DEFENDANT REPRESENTED BY JONATHAN AMOFA JNR. COUNSEL: AMELIA ADJOTEYE FOR THE PLAINTIFF PRESENT KOFI BEKOE FOR THE DEFENDANTS PRESENT CONSENT JUDGMENT The Plaintiff and the Defendants having agreed to the terms set out below and the Defendants having admitted liability to the Plaintiff’s claim and the Plaintiff having agreed to accept the sum of Seven Million, Five Hundred Thousand Ghana Cedis (GH¢7,500,000.00) in full and final settlement of the Plaintiff’s claim. By consent all proceedings in this action be stayed except for the purpose of carrying such terms into effect. Liberty to apply as to carrying such terms into effect: 1. The Parties have agreed that the property situate and being at East Legon Residential Area – Accra in the Greater Accra Region of the Republic of Ghana with a digital address of GA-288-9084 which was used as collateral for the advancement of the facility granted to the Defendants be sold and the total sum of Seven Million, Five Hundred Thousand Ghana Cedis (GH¢7,500,000.00) out of the sale proceeds be given to the Plaintiff in satisfaction of the Defendants’ indebtedness to the Plaintiff. 2. The Parties have also agreed that upon the execution and adoption of the Terms of Settlement as Consent Judgment, the Defendants shall allow potential buyers to view the property described in paragraph 1 above with the intention of purchasing same. 3. Further to clause 2 above, the Parties have agreed that upon the sale of the property situate and being at East Legon Residential Area – Accra, the Defendants shall provide vacant possession of the property to the purchaser within Three (3) months of the sale’s completion. 4. The Parties have further agreed that in the event that the Defendants fail to deliver vacant possession of the property to the Purchaser within Three (3) months of the sale’s completion, the Plaintiff shall without the leave of the Court and with the assistance of the Police obtain vacant possession of the property for the Purchaser. 5. That this Honourable Court shall enter the above Terms as the Judgment of the Court. Signed and dated in Accra on the 17th day of April, 2025. (SGD) Signed by:………………………………………………. (For and on behalf of the Plaintiff) PIERRE GIEMOT Name: ………………………………………………………………. SOCIETE GENERALE GHANA, HEAD OFFICE, ACCRA. Address: ……………………………………………………………….. 17TH APRIL, 2025. Date: ………………………………………………………………. (SGD) Witness: ………………………………………………………………. CHARLES AKWASI TAMMA NAME: ………………………………………………………………. HEAD, LEGAL DEPARTMENT, SOCIETE GENERALE GHANA PLC Address: …………………………………………………………………………….. (SGD) Signed by:………………………………………………………………..,,,. (For and on behalf of all the Defendants) JONATHAN KWAME AMOFA Name: ………………………………………………………………. CHIEF EXECUTIVE OFFICER (C. E. O.) Position: ……………………………………………………………….. BOX DC 1290, ACCRA. Address: ……………………………………………………………….. 3RD APRIL, 2025. Date: ………………………………………………………………. (SGD) Witness: ………………………………………………………………. MAAMAN AMIN OTENG NAME: ………………………………………………………………. PLT 1, BLOCK 1, OAK VILLA ESTATE, KWABENYA Address: ………………………………………………………………. BY COURT The Parties have settled the suit and the Terms of Settlement as executed and filed on the 8th of May, 2025 are hereby entered as the Consent Judgment of the Court. (SGD) SEDINA AGBEMAVA J (JUSTICE OF THE HIGH COURT) 7