AKUA ABIBA v. J.B

The plaintiff sued the defendant herein seeking an order of the court for the

recovery of

(a) A total of 130 bags of cement or its current market price of GH₵65.00 per bag

(GH₵8,450.00) paid to the defendant on the 6th day of March,2018.

(b) A further 133 bags of cement or the market price of GH₵65.00 (totaling

GH₵8,645.00) paid to the defendant on the 23rd day of March,2018.

(c) General damages for a breach of the agreement.

The defendant pleaded not liable to the claims of the plaintiff after same were read

to him (defendant) in Twi.

The following issues were then set down for trial after an examination of the

plaintiff’s particulars of claim.

(a) Whether or not the plaintiff paid money to the defendant for the 130 bags of

cement on the said date of 6th March,2018;

(b) Whether or not the plaintiff again paid money to the defendant for the further

133 bags of cement on the said day of 23rd day of March,2018 as she (plaintiff)

claimed.

(c) Whether or not the defendant received the said sum of money for the 263 bags of

cement.

(d) Whether or not the defendant failed or refused to supply the plaintiff with the

said 263 bags of cement.

(e) Whether or not the plaintiff is entitle to any general damages for a breach of their

agreement.

In her evidence in-chief, plaintiff told the court she is Akua Abiba and that she is a

farmer and lives at Nsawkaw. That she knows the defendant. That some time ago she

bought some weedicide from the defendant that she later went back to by some more

weedicide but defendant told her (plaintiff) he (defendant) now sells cement and not

weedicide. That defendant told her (plaintiff) she could deposit the money and then

come for the cement anytime she (plaintiff) wanted.

Plaintiff said she first paid an amount of GH₵3,900.00 to the defendant for 130 bags

of cement at GH₵30.00 per bag of cement at the time. This was on the 6th day of March,

2018 and that the defendant after taking the money issued her (plaintiff) with a receipt

for the amount. Plaintiff tendered the receipt which was admitted as there was no

objection from the defendant. The receipt was marked as Exhibit ‘A’. Plaintiff said she

again paid cash the sum of GH₵3,990.00 to the defendant for another 133 bags of

cement and defendant again gave her (plaintiff) receipt for that plaintiff tendered that

other receipt which was admitted and marked ‘A1’. Plaintiff said she later went to

collect the 263 bags of cement but defendant told her the