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AP OIL & GAS GHANA LIMITED Suing per its Lawful Attorney Experts Consult Ltd vs GLEE OIL LIMITED

February 25, 2016

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE MRS. JANAPARE A. BARTELS-KODWO

Areas of Law

  • Contract Law
  • Evidence Law

AI Generated Summary

The Plaintiff, a supplier of petroleum products, sued the Defendant company managed by Mamodu Amadu to recover an alleged outstanding balance of GH395,511.86 from deliveries made between May and July 2013, plus interest and costs. The Defendant admitted receiving supplies but disputed the total value, claiming it did not exceed one million cedis and contesting the claimed indebtedness. The Plaintiffs witness, Isaac Essien, tendered a power of attorney, the written supply contract (Exhibit C), a Local Purchase Order (Exhibit D), and extensive invoices and dispatch notes (Exhibits EE80), alongside a statement of account and audit correspondence. After independently summing the sales invoices, the court found only GH1,185,522.10 proved, not GH1,467,817.36 or GH395,511.86. Applying the burden of proof and evidence principles, the court held the Plaintiff had not consistently established the claimed balance. It entered judgment for the arithmetic shortfall of GH23,217.00, awarded interest from July 2013 until final payment, and costs of GH5,000.

JUDGEMENT