By Frank Amponsah
A car company, licensed to import cars into the country, Stoubos Limited, and its managers have been dragged before court for failing to honour the terms of a contract it had with Brock Housing Company Limited.
In a writ dated July 10, 2019, the Plaintiff- Brock Housing Company Limited which is also a limited liability company in the country indicated that the Defendant Company dealing as far as the contract between them was concerned was pure deception.
In its Statement of Claim, the Plaintiff stated that in January 2016, it let its commercial property situated at East Legon, to the Defendant and both companies entered into a contract.
Per the contract, the Plaintiff was to make certain finishing to the building and the Defendant was to pay the sum of US$40,000.00, plus one used Mercedes Benz E200, Avant Garden model year 2013.
According to the Plaintiff, workers were deployed to work on the building to execute its part of the contract which saw the Defendant paying US$24,000.00.
“Strangely, the Defendants Managing Directors immediately after payment of above mentioned sum entered the rented premises and drove away Plaintiffs workers by placing his cars all over the premises contrary to their agreed one month moratorium during which Plaintiff was to undertake work on the building,” it said.
Meanwhile, the Plaintiff stated that because of the contract, it entered into a contract with Millsben Ghana Limited to undertake the finishing works on the building and paid the sum of GH¢302, 000.00 to the said contractor for the work to be delivered in one month.
The Plaintiff said the contractors went to the site to begin work only for the Defendant to display its cars on the premises without notice to the contractors and the work stayed for 7days making the Plaintiff loose the GhC302,000.00.
The Plaintiff also mentioned in its Statement of Claim that it agreed to the payment of US$2,500.00 every month as rent but the Defendant decided to pay US$40,000.00 plus the Mercedes Benz he promised.
However, the Defendant later paid the plaintiff an amount of US$24,000.00 leaving the balance of US$16,000.00.
It also emerged that the Defendant delivered the said Mercedes Benz E200 Avant Garden to the Plaintiff and went ahead to effect change of ownership for the Plaintiff, but it was letter discovered that the said Benz model was 2012 model which costs US$50,000.00 and not the 2013 model (US$35,000.00) as agreed in the co tract document.
Meanwhile, the Plaintiff wrote to the Defendant to go by the original agreement but it failed and when the Defendant Company was sued, its lawyer wrote for settlement but failed to “see through with settlement.”
It is also stated that the Defendant without the consent of the Plaintiff carried out a massive renovation of the property by destroying certain pillars and reconstructing same whilst weakening the entire building.
According to the Plaintiff, Brock Housing Company Limited, the Defendant, Stoubos Limited also placed security man on the premises who prevented the plaintiff from delivering protest letter to the Managers.
According to the Plaintiff, the Defendant owes it US$38,500.00 and the payment of GhC302, 000.00, which was used to pay Millsben Ghana Limited for Works to be done was prevented by the actions of the Defendant.
The company is therefore praying the court to abrogate the contract between it and the Defendant for fraud and an order directing the defendant to vacate the Plaintiff premises for breach of contract.