Stephen Adjei Vrs Francis Cole [2022] GHADC 47 (19 October 2022)

IN THE FAMILY AND JUVENILE COURT ‘C’ AT THE FORMER COMMERCIAL COURT BUILDING, ACCRA, HELD ON WEDNESDAY THE 19TH DAY OF OCTOBER 2022 BEFORE HER HONOUR HALIMAH EL-ALAWA ABDUL-BAASIT SITTING AS AN ADDITIONAL MAGISTRATE STEPHEN ADJEI AMASAMAN, ACCRA VS FRANCIS COLE LA PAZ - ACCRA SUIT NO. A2/11/22 PLAINTIFF DEFENDANT Parties present Janet Asare-Buobi Esq for Richard Kweku Boadu Esq. for the Defendant CONSENT JUDGMENT The Plaintiff on the 26th of October 2021 instituted an action against the Defendant at the District Court, Amasaman and claimed for the following reliefs in his Statement of Claim; (a) An Order for the Court to compel the Defendant to pay Ghc17,960.00 being salary and maintenance in respect of vehicle with registration number GS 5646- 18 which was given to by the Plaintiff for work and pay in 2018 but which Defendant failed to pay after persistent demands. (b) Costs. The Defendant on the 12th of November 2021 filed a Motion on Notice to Strike out Writ for Lack of Jurisdiction under Order 5 Rule 1 of C. I. 59. In determining the Motion, the Stephen Adjei vs Francis Cole District Court, Amasaman with H/W Annette Sophia Essel sitting as the Magistrate held that the court was of the respectful opinion that to avoid unnecessary expense and inconvenience and in accordance with Order 5 Rule 2(1) (a) (b) the matter be referred to the Chief Justice for further directives. On the 23rd of December 2021, the Honourable Chief Justice ordered for the transfer of the case to this instant court for expeditious hearing. DETERMINATION: The matter came up for hearing on the 25th of April 2022 and subsequently on the 6th of June 2022 the court observed that the parties were amenable to settlement and therefore referred the parties to the Court Connected Alternative Resolution Dispute (ADR) Centre to attempt an amicable resolution of the dispute. The parties were however unable to agree on the reliefs sought by the Plaintiff. The suit took its normal course and a date was set for trial to commence but on the 6th of August 2022, the court advised the parties to make a last attempt at settlement and parties were able to reach an amicable settlement. Terms of Settlement Before the Court is a Terms of Settlement dated 19th October 2022, where the parties agreed on the following: (a) That the Defendant has agreed to pay the Plaintiff an amount of Ghc5, 000.00 to settle the matter. (b) That the Plaintiff has agreed to accept the amount of Ghc5, 000.00 as final settlement of the matter. (c) The amount of Ghc5,000.00 shall be paid to the Plaintiff in the following manner; Stephen Adjei vs Francis Cole (i) A first instalment of Ghc3, 000.00 would be paid to the Plaintiff by the Defendant on or before 21st October, 2022. (ii) The second instalment of Ghc2, 000.00 would be paid to the Plaintiff by the Defendant on or before 31st October, 2022. (d) There shall be no order as to cost. Each party shall bear his own cost. Consequently, the Terms of Settlement dated 12th October 2022, signed and confirmed by both parties with the Defendant’s Counsel, Richard Kwaku Boadu Esq. as a Witness is hereby adopted and entered as Consent Judgment. ………………………………… H/H HALIMAH EL-ALAWA ABDUL-BAASIT. PRESIDING JUDGE Stephen Adjei vs Francis Cole 3