Vivo Energy Ghana Limited v Hope Capital Limited (CM/RPC/0703/22) [2025] GHAHC 93 (21 May 2025)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE (COMMERCIAL DIVISION 6) HELD IN ACCRA ON WEDNESDAY THE 21ST DAY OF MAY, 2025 BEFORE HER LADYSHIP JUSTICE SEDINA AGBEMAVA SUIT NO.: CM/RPC/0703/22 VIVO ENERGY GHANA LIMITED … PLAINTIFF VRS. HOPE CAPITAL LIMITED … DEFENDANT JUDGMENT Plaintiff closes its case and the suit is hereby closed. I will hereby enter Judgment for the Plaintiff on its reliefs. The suit remained largely uncontested. The Defendant failed to appear for any of the hearings or challenge the Plaintiff or the evidence led, even though it is represented by legal Counsel on the record. It will not make for prudent judicial economy of time for me to adjourn to write a reasoned Judgment as by failing to subject the Plaintiff’s testimony and evidence to cross examination, the Defendant is deemed to have admitted the Plaintiff’s case. There is absolutely no need to prove an admitted fact. See the case of Western Hardwood vs. West African Enterprises Limited [1998-99] SCGLR 105. Page 1 of 3 Suit No. CM/RPC/0703/22 Vivo Energy Ghana Limited Vrs. Hope Capital Limited I have also found no reason to question the credibility of the Plaintiff’s testimony and so I accept the testimony of the Plaintiff and enter Judgment for it on its reliefs as follows; The order is hereby made against the Defendant to within Seven (7) days from today submit to the Plaintiff a comprehensive report on all accounts it handled for and on behalf of the Plaintiff. The Order is also made for the reconciliation of all accounts handled by the Defendant for and on behalf of the Plaintiff. The Plaintiff is also entitled to the recovery of all monies collected or paid to the Defendant on behalf of the Plaintiff with interest on the said sums from the date of receipt by the Defendant till the date of final payment. Since the Law presumes general damages as a natural consequence of Defendants’ wrongful act, I find that the Plaintiff is entitled to it, having found for it on its claim. Following the principle in Royal Dutch Airlines & Anor vs Farmex Ltd [1989-90] 2 GLR 623, to restore the Plaintiff, as far as money could do it, to the position he would have been in had the damage not occurred, I will award the sum of One Hundred and Fifty Thousand Ghana Cedis (GH¢150,000.00) as general damages. Costs of Thirty Thousand Cedis (GH¢30,000.00) to Plaintiff. (SGD) SEDINA AGBEMAVA J JUSTICE OF THE HIGH COURT Page 2 of 3 Suit No. CM/RPC/0703/22 Vivo Energy Ghana Limited Vrs. Hope Capital Limited COUNSEL 1. MAKAFUI KOFI DZIMABI WITH DOMINIC SREM-SAI HOLDING BRIEF FOR REINDORF TWUMASI ANKRAH FOR THE PLAINTIFF PRESENT 2. NO LEGAL REPRESENTATION FOR THE DEFENDANT LIST OF CASES 1. WESTERN HARDWOOD VS. WEST AFRICAN ENTERPRISES LIMITED [1998-99] SCGLR 105. 2. ROYAL DUTCH AIRLINES & ANOR VS FARMEX LIMITED [1989-90] 2 GLR 623. Page 3 of 3 Suit No. CM/RPC/0703/22 Vivo Energy Ghana Limited Vrs. Hope Capital Limited