AKUA SERWAH DEBRAH v. RITA AKORFA
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff, a distributor, supplied goods worth over GH¢1,000,000 to Defendant. Defendant admitted liability but failed to account for GH¢610,654 in sales proceeds and issued a dishonoured cheque. Plaintiff sought recovery of GH¢761,053 plus interest and costs. Defendant counterclaimed for GH¢80,000 in unpaid commissions and argued she only owed GH¢159,369.50. The Court ruled Plaintiff failed to substantiate the GH¢761,053 claim but acknowledged Defendant owed GH¢159,369.50 plus goods worth GH¢244,947.50. Defendant's counterclaim for commissions was dismissed due to lack of evidence.
JUDGEMENT
Introduction:
(1) Per an Amended Writ of Summons sealed in this registry on July 13, 2017 the Plaintiff claimed against the Defendant the following reliefs:-
1. An order for the recovery the sum of Seven Hundred and Sixty-One Thousand and Fifty-Three Ghana (GH¢761,053.00) as at 16th December, 2016.
2. Interest on the said sum in (a) above at the prevailing commercial bank rate from 17 December 2016 to date of full and final payment.
3. Such other reliefs(s) as this Court deems fit.
4. Costs on full indemnity basis.
(2) The claim of the Plaintiff was met with a statement of defence by the Defendant in which the Plaintiff’s claim was vehemently denied. The Defendant filed a Statement of Defence and Counterclaim on June 29, 2017. The Plaintiff filed a Reply and Defence to the Counterclaim on August 2, 2017.
Background:
(3) In part, the Amended Statement of Claim provides as follows:
3. The Plaintiff says that sometime in 2016, the Company supplied the Plaintiff (sic) with products worth One Million Ghana Cedis (GH¢1,000,000.00) which was stored at the shop in Kasoa and was authorized by the Plaintiff to sell same to retailers.
4. Plaintiff avers that by April, 2016 the Defendant sold the products to retailers and received proceeds of the sale, however she failed and/or refused to account for the sum of Six Hundred and Ten Thousand, Six Hundred and Fifty-Four Ghana (GH¢610,654.00).
6. Plaintiff says Defendant admitted liability for the non-payment of the sum of Six Hundred and Ten Thousand, Six Hundred and Fifty-Four Ghana (GH¢610,654.00) and promised to repay by the end of 2016 but has since failed to do so.
7. Plaintiff repeats the preceding paragraph and adds that the Defendant pleaded with Plaintiff to pay by installment and issued the Plaintiff with a cheque numbered 000045 dated 28th February, 2017 with the amount of One Hundred Thousand Ghana Cedis (GH¢100,000.00) which was subsequently refused by the Defendant’s Bank on presentation and the Plaintiff subsequently reported Defendant’s conduct to the Police for criminal prosecution.
8. Plaintiff avers that despite Defendant’s admission of liability and refusal to pay back the debt notwithstanding several demands made on her by the Plaintiff, Defendant has refused and/or failed to pay back the sale proceeds as pleaded in paragraph 6 above and her failure and/or refusal risks putting the Plaintiff out of business.
(4) According to the Plaintiffs, it is suffering irreparabl