ALLIED COMPANY LIMITED VS LEGACY GENERAL CONST.
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE GEORGE BUADI J.
Areas of Law
- Contract Law
- Commercial Law
- Civil Procedure
- Evidence Law
AI Generated Summary
In the High Court (Commercial Division), Justice George Buadi adjudicated a claim by an Accra-based oil marketing company seeking recovery of GH¢350,528.33 plus interest from a customer for petroleum products supplied on credit. The defendant admitted the credit relationship but denied indebtedness, asserting payments had not been captured and requesting an audit. The pretrial court set the central issue of indebtedness for trial. After serial defaults—particularly failure to file witness statements—the court struck out the defendant’s statement of defence under Order 32 Rule 7A(3)(b) and, pursuant to Order 36 rule 1(2), proceeded with the plaintiff’s case in the defendant’s absence. The plaintiff’s COO provided evidence and tendered exhibits, including Exhibit A (ledger) showing a GH¢350,528.00 debit balance and Exhibit F (defendant’s lawyers’ letter) proposing settlement and interest waiver. Emphasizing the plaintiff’s burden and relying on unchallenged documentary evidence and admissions, the court found the claim proven and granted all reliefs, including interest at the prevailing bank rate.