AP OIL & GAS GHANA LIMITED Suing per its Lawful Attorney Experts Consult Ltd vs GLEE OIL LIMITED
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MRS. JANAPARE A. BARTELS-KODWO
Areas of Law
- Evidence Law
- Contract Law
- Commercial Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought recovery of GH¢395,511.86 for supplied petroleum products to which the defendant admitted supplies but disputed the amount owed. The court found discrepancies in the plaintiff's claims due to inconsistent invoice amounts and payments. Consequently, the court held that the defendant owed GH¢23,217.00 along with interest from July 2013 until the date of final payment and awarded costs against the defendant.
By a Writ of Summons and an accompanying Statement of Claim the Plaintiff sued the Defendant claiming as follows: (1) The recovery of Three Hundred and Ninety Five Thousand, Five Hundred and Eleven Ghana Cedis Eighty Six Pesewas (GH¢395, 511. 86).
Interest on the said sum of GH¢395, 511. 86 at the prevailing bank rate to be calculated from July, 2013 to date of payment.
Cost. The Plaintiff in its Statement of Claim contended that between the period of May, 2013 and July, 2013 it supplied the Defendant various quantitates of petroleum products worth GH¢1, 467, 817. 36 out of which the Defendant paid GH¢1, 072, 305. 50 leaving a balance of GH¢395, 511. 86. However, despite repeated demands the Defendant has failed to settle the said outstanding sum.
It is therefore praying the court to enter judgment in its favour for the reliefs endorsed on its Writ.
In its Statement of Defence the Defendant admits receiving supplies from the Plaintiff during the period of May, 2013 and July, 2013 but denies the amount alleged to be the value of the supplies made to it.
The Defendant asserts that the total sum of the petroleum products supplied to it did not exceed one million cedis as contended by the Plaintiff.
It admits receiving invoices from the Plaintiff but they do not cover the amount Plaintiff claims. The following issues were set down for trial: 1. Whether or not between the months of May, 2013 and July, 2013 upon the request of the Defendant the Plaintiff supplied to the Defendant various quantities of petroleum products pursuant to a supply contract.
2. Whether or not the total cost of the petroleum product supplied to the Defendant between the months of May, 2013 and July, 2013, if any, as agreed between the parties amounts to One Million Four Hundred and Sixty Seven Thousand Eight Hundred and Seventeen Ghana Cedis Thirty Six Pesewas (GH¢1, 467, 817. 36). 3. Whether or not the Defendant took supplies of the petroleum products on credit basis and was under obligation to retire the credits immediately 50% payment for product supplied and then the remaining 50% balance 10 days after delivery.
4. Whether or not the Defendant has neglected, failed and/or refused to defray its indebtedness to Plaintiff under the Supply Contract such that as at 9th January, 2014 the Defendant was truly and justly indebted to the Plaintiff to the tune of GH¢395, 511. 86. 5. Whether or not Plaintiff is entitled to any and/all of the reliefs it seeks against the Defendant