ALLIED COMPANY LIMITED v. LEGACY GENERAL CONST

In the High Court (Commercial) 5, George Buadi J adjudicated a debt recovery action brought by an Accra-based oil marketing company against a customer for unpaid credit supplies of lubricants and petroleum products. The plaintiff sought GHa5350,528.33 plus interest at the prevailing bank rate from 1 April 2013. The defendant admitted the credit arrangement but denied breach, asserting that payments had been made but not credited and requesting an audit. Following repeated noncompliance and defaults in filing witness statements, the court struck out the defence under Order 32 r7A(3)(b) and proceeded with the plaintiff’s case in the defendant’s absence under Order 36 r1(2). The plaintiff’s Chief Operating Officer, Enoch Asamoah-Adjei, testified via witness statement. Emphasizing that the plaintiff retained the burden of proof, the court considered Exhibit F—a letter from the defendant’s lawyers proposing settlement and seeking waiver of interest, viewed as an admission of indebtedness—and Exhibit A—a ledger showing a debit balance of GHa5350,528.00. Despite noting uncertainty about the unchanged balance, the court found the unchallenged evidence sufficient and upheld the plaintiff’s claim, granting all reliefs sought, including interest.