AKOSAH v. OWUSU

JUDGMENT OF AKUFO-ADDO J.S.C.

The plaintiff was at all material times a storekeeper at Koforidua for Messrs. Commonwealth Trust Ltd. which has now ceased to exist, having been absorbed into the Ghana National Trading Corporation. The defendant is a timber contractor living at Tafo.

Some time in 1958 the defendant finding himself in financial difficulties approached the plaintiff for help. So much is admitted on both sides, and the claim in the action in this appeal arose out of that circumstance.

The plaintiff's claim endorsed on a specially endorsed writ was "for the sum of £G 1,443 9s. 8d. money payable by the defendant to the plaintiff for money paid by the plaintiff to Commonwealth Trust Ltd. at the defendant's request for goods sold and delivered to the defendant from about the 6th November, 1958, to about the 31st January, 1959." It is a somewhat clumsily worded claim; no application was made for summary judgment, but the defendant delivered a defence in which he pleaded as follows:

"1. That the defendant denies the allegation in the plaintiff's statement of claim that the plaintiff paid an amount of £G1,443 9s. 8d. to the Commonwealth Trust Ltd. at the request of the defendant for goods sold and delivered to the defendant.

2. In further answer to the plaintiff 's statement of claim the defendant says that in the year 1958, while the defendant was ill the defendant's brother obtained goods from the plaintiff who was then the storekeeper of Messrs. Commonwealth Trust Ltd., Koforidua, to the value of £G400.

[p.279]

3. That the defendant upon his recovery adopted the debt of £G400 due to the plaintiff for goods sold and delivered to the defendant's brother for the use of the defendant.

4. That in the month of June, 1960, at the request of the plaintiff an arbitration was held at Old Tafo in respect of this claim; and that the amount due to the plaintiff by the defendant was found to be £G148 and not £G1,443 9s. 8d. as alleged in the statement of claim.

5. That the plaintiff is bound by the award of the arbitration.

6. That the defendant admits liability in the sum of £G148 only.

7. That at the trial the defendant will plead that by reason of the arbitration award aforesaid, the plaintiff is estopped from re-opening the transaction.

Dated at Kadore Chambers, Accra, this 21st October, 1960."

In the light of the facts that emerged from the evidence that defence was a somewhat soul-less and an unenterprising piece of pleading.

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