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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to contract, recovery of money.
2. The plaintiff is a businesswoman who trades under the name and style Damsakori
Enterprise and is resident in Tamale. The 1
st and 2nd defendants are wife and
husband, respectively. 1st defendant described herself as trader while 2nd defendant
stated that he is a plumber. Both are resident in Tamale.
3. On 12
th December, 2022 the plaintiff took out this action against the defendants,
jointly and severally, for the following reliefs:
a. Recovery of GHS176,640.00 being balance of total amount plaintiff paid to
defendants for supply of assorted commodities, namely rice, tin tomatoes
and oil, which defendants have failed to supply to plaintiff and also failed
to refund the money to plaintiff.
b. Interest on the amount of GHS176,640.00 from 4th October, 2022 till date of
final judgment at the current commercial bank rate.
c. General damages.
d. Costs.
4. The defendants on 19th December, 2022 pleaded not liable to plaintiff’s claim. Parties
were, therefore, ordered to file their respective witness statements. The case of either
party is detailed below.
PLAINTIFF’S CASE
5. Plaintiff’s case is that 1st defendant informed her that 2nd defendant could supply
goods from Togo and Wouga for her trade. As a result, she gave defendants
GHS310,000.00 for the supply of 1000bags of rice. However, defendants ended up
supplying only 600bags of rice. Nonetheless, she gave defendants GHS93,000.00 for
supply of an additional 300bags of rice. Plaintiff admits that defendants supplied
380bags of rice, leaving a balance of 320bags valued at GHS99,200.00. Again, plaintiff
gave the defendants GHS70,000.00 for the supply of 146jericans of oil, but defendants
supplied only 50jericans, leaving a balance of 96jericans valued at GHS46,080.00. Also,
defendants took GHS55,000.00 for the supply of 500cartons of tin tomatoes but only
supplied 250cartons, leaving a balance of 250cartons valued at GHS27,500.00.
Similarly, plaintiff gave defendants GHS13,000.00 for the supply of 81 bags of rice
(25kg), but only received 60bags leaving a balance of 21bags of rice valued at
GHS3,3600.00. Lastly, plaintiff gave defendants GHS500.00 to defendants for the
supply of a bag of sugar, but that was not supplied. In all, the cost of goods
outstanding is GHS176,640.00 as at October, 2022 which defendants have failed to
supply or refund. According to plaintiff, she reported the matter