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AKUA SERWAH DEBRAH v. RITA AKORFA

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Areas of Law

  • Contract Law
  • Commercial Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

Akua Serwaa Debrah of Steph Jay Ventures, a Promisador Ghana Limited credit distributor of Onga products, sued Ms. Akorfa for unpaid sale proceeds after placing her in charge of the Kasoa outlet with a conditional 2% commission. Debrah alleged the Defendant sold goods but failed to remit, leaving GH¢761,053 outstanding, issued a GH¢100,000 cheque later dishonoured, and admitted liability at the police. Akorfa countered that between January–September 2016 she received goods worth GH¢2,728,505.01 and paid GH¢2,324,287.10 (including payments to an employee “Red”), returned goods worth GH¢244,947.50, owed only GH¢159,369.50, and had an oral commission agreement of GH¢10,000 per month (GH¢80,000 total). Applying statutory burden rules and case law, the Court rejected the Plaintiff’s unsigned records, accepted proven cheque payments and undisputed cash transfers, found the returned-goods claim unproven, and entered judgment for GH¢159,369.50 plus GH¢244,947.50, interest at prevailing bank rate from December 17, 2016, GH¢8,000 costs, and dismissed the counterclaim.

JUDGEMENT