ARRITAL GHANA LTD vs FRANK H. ADDO

By an amended Writ of Summons dated 10th March, 2014 the Plaintiff a limited liability Company sued the Defendant claiming as follows: (a) An order for the payment of the total sum of Thirty-Eight Thousand Eight Hundred and Forty- Five Euros (€38, 845. 00) or its cedi equivalent.

b) Interest on the said amount at the prevailing bank rates from February, 2013 until final date of payment.

c) Costs(d) Any other order(s) that the Honourable Court may deem meet.

The Plaintiff Company avers that it contracted in December, 2011 to supply, install and commission for the Defendant businessman Two (2) Modular Kitchens for a contract sum of Sixteen Thousand Seven Hundred and Fifteen Euros (€16, 715). It again entered into another contract with the Defendant on 16th July, 2012 to supply, install and commission eleven (11)Modular Kitchens.

Plaintiff contends pursuant to these contracts it duly supplied, installed and commissioned the two sets of Modular kitchens i. e. two (2) and eleven (11) for the Defendant.

It is the Plaintiff’s case that the Defendant made a payment of Ten Thousand United States Dollars($10, 000), equivalent of Seven Thousand, Four Hundred and Seventy Euros (€7, 470) in respect of the first contract dated 5th December, 2011. He was then left with an outstanding balance of Nine Thousand Two Hundred And Forty Five Euros (€9, 245) to make to the Plaintiff.

With regard to the second contract dated 16th July, 2012 the Plaintiff contends the Defendant made a partial payment of Sixty-Three Thousand Euros (€63, 000) leaving a balance of Thirty- One Thousand and Fifty Euros (€31, 050). The parties, according to the Plaintiff, however agreed to adjust the sum payable to the Plaintiff in respect of the 2nd contract by deducting an amount of One Thousand Four Hundred and Fifty Euros (€1, 450), (being the cost of one fridge, which was not supplied by the Plaintiff) from the outstanding balance of Thirty- One Thousand and Fifty Euros(€31, 050) to bring the outstanding balance on the 2nd contract to Twenty- Nine Thousand Six Hundred Euros (€29, 600. ) As a result the total amount owed by the Defendant on the two contracts is Thirty-Eight Thousand Eight Hundred and Forty-Five Euros (€38, 845). Plaintiff avers that despite repeated demands on the Defendant it has failed or refused to pay the said sum hence this claim on it.

The Defendant in his amended statement of defence pursuant to the court’s orders of 3rd March, 2014 and 11th April, 2014 which it filed