2000 LIMITED v. FRANCIS OTOO
2015
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR, JA (PRESIDING)
- I. LARBI (MRS.), JA
- M. M. AGYEMANG (MRS.), JA
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant sued the respondent claiming a business debt of GHC 36,812.00 which the respondent allegedly tried to settle with dishonored cheques. The respondent denied the debt, counterclaiming a larger amount from a separate previous agreement. The High Court dismissed the appellant's claim and favored the respondent on the counterclaim based on an expert report, which was later found to be flawed due to lack of participation from the appellant. Upon appeal, the Court of Appeal upheld the dismissal of the claim but reversed the judgment on the counterclaim, citing insufficient credible evidence to support the respondent's counterclaim.
M. M. AGYEMANG (MRS.) JA:
In this appeal, the plaintiff/appellant (hereafter referred to alternately as the plaintiff or the appellant) prays this court to set aside the judgment of the High Court Fast Track Division, delivered on 24th day of May 2014, dismissing the claim of the appellant and entering judgment for the defendant/respondent (referred to hereafter alternately as the defendant or the respondent) on his counterclaim.
The matters antecedent to the present appeal are as follows: the appellant brought a suit at the court below alleging that it was involved with the respondent in a business transaction out of which a debt of GHC 36, 812.00 owed to it, had arisen. The said transaction allegedly came about when the parties entered into a contract on the 6th of September 2007; it was for the distribution by the respondent of the appellants goods. The transaction which was said to be in the nature of a credit sale agreement, required the respondent to pay for the goods within thirty days of supply by the appellant. It was the case of the appellant that the respondent’s attempt to defray the outstanding debt had resulted in his issuance of three cheques to the appellant. The said cheques, with face value of GHC16,812; GHC 10,000 and GHC 10,000 drawn on Ecobank Ridge Road Branch, Accra, were all dishonoured.
Thus did the appellant as plaintiff, commence an action at the court below seeking alternative reliefs, being: a declaration that the respondent was indebted to it in the said sum of GHC36,812.00; an order for the said sum to be paid to it with interest at the prevailing bank rate calculated from due date to the date of final payment, or in the alternative, that the respondent be made to pay the face value of the dishonoured cheques with interest from the date of dishonour until the date of payment.
The issue regarding the alleged outstanding debt was joined when the respondent in his pleading as defendant, denied that the parties had operated under the agreement of 6th September 2007. The respondent who denied the existence of the debt claimed by the plaintiff pleaded that he in fact had no contract with the plaintiff as the said contract of 6th September 2007 had been frustrated due to his inability to secure a shop for the sale of the plaintiff’s goods, an alleged condition precedent to the operation of the agreement.
The respondent however claimed that he had had an agreement prior to the 6th September agreement with one Majid, the Managing