Sky Resources Travel and Tour, a travel and tour company, has filed a contempt suit against a director of the defunct STX Engineering and Construction Ghana Limited, Mr Bernard Asamoah, for flouting the orders of an Accra High Court.
The court had ordered Mr Asamoah to withdraw $90,000 from STX and give to Sky Resources as part payment of a debt he owed the travel and tour company.
Ex parte application
In its notice of motion dated November 29, 2013 and filed by its solicitors, Sky Resources said Mr Asamoah withdrew from Home Finance Bank $90,000 which was to be used to pay Sky Resources, although Mr Asamoah was aware of a court order regarding the payment to Sky Resources.
Background
Following a suit filed by Sky Resources, the Accra High Court, on October 28, 2013, ordered Mr Asamoah to pay $90,000 to the travel and tour company.
However, Mr Asamoah failed to comply with the court order.
In the first suit dated March 2012, Sky Resources had claimed that between January 10 and May 16, 2011, acting on the strength of Mr Asamoah�s representative and personal assurance of repayment, it issued airline tickets and provided other travel and tour services for Mr Asamoah personally and 15 others to enable them to travel to various destinations, all at a cost of GHc143,806.
In its statement of claim, Sky Resources said it was expressly agreed or alternatively implied by the course of dealings between the parties that Mr Asamoah or alternatively all the 15 others would take steps to settle their bills, either in bulk or individually.
It said unfortunately, neither Mr Asamoah nor the 15 others, individually or collectively, made any effort to settle the outstanding bill, a situation which compelled Sky Resources to take an overdraft facility from its bankers to meet its re-payment obligation to the airlines from whom the tickets had been purchased on credit.
That, it claimed, resulted in the plaintiff accruing a total liability of GHc353,818.
The plaintiff prayed the court for payment of the GHc353,818, with interest till the date of payment, award costs for legal fees and damages for breach of contract.
Source: Daily Graphic
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