ADU SAMMY v. BABA IBRAHIM GIBRILLA

JUDGMENT

On the 29/11/21, the Plaintiff, Sammy Adu, filed this suit against the Defendant, Baba

Ibrahim Gibrilla claiming the following relief;

Plaintiff seeks an order of the Honourable Court compelling the defendant to supply

Plaintiff with one (1) remaining calf defendant collected money from the plaintiff to

supply but has failed despite repeated demands.

The parties appeared before the Court on 09/12/22 and when the claim was read and

explained to the Defendant, he pleaded Not Liable to the Plaintiff‟s claim. The

evidential burden was therefore on the Plaintiff to prove his case on a balance of

probability required by law in the civil standard of proof.

In the pleadings filed by the parties, the Plaintiff stated in his statement of claim among

other things that the defendant is a herdsman and lives at Koradaso and that the

defendant is a supplier of almost all his cattle for which plaintiff rears them and sells

afterwards. He says that defendant had earlier on supplied him with 4 calves

successfully without any hindrance. He states further that about 4 years ago the plaintiff

paid for the supply of 3 gudali calves at a price of GH¢ 1,000.00 each which the

defendant supplied two but has failed to supply the remaining one calf despite

numerous efforts made for the defendant to do so. The plaintiff avers that due to the

failure of defendant to supply the remaining calf, he approached the defendant‟s wife to

talk to her husband to supply the calf. He claims defendant‟s wife then advised plaintiff

to take the matter to her father and seek better solution which same was logged but

yielded no result. He states further that the defendant has been throwing dust in his eye

by making numerous promises to supply the remaining calf but has failed to do so

neither has defendant refunded the money equivalent. He continued to state that due to

defendant‟s failure to honor his promises, plaintiff approached one Rufai who is defendant‟s church member and also a police officer to advice defendant to supply the

remaining calf to avoid any misunderstanding and breakage of the friendship that

existed between them. He avers further that upon a visit by plaintiff and the officer to

the defendant, he promised to supply the calf in two (2) weeks but also failed to do so.

Plaintiff states that when they went to the defendants place, they never asked defendant

to pay any money and no money was collected from the defendant. Plaintiff prays that

due t