GH - BAAH LTD. v. SALEH BROTHERS

JUDGMENT OF ABBAN J.

The plaintiffs by their specially endorsed writ claim from the defendants the sum of N¢4,599.09, representing the value of goods sold to or bought for the defendants. The plaintiffs attached to their writ a statement of account giving details of goods supplied, the dates on which they were supplied and payments so far made by the defendants. The plaintiffs alleged in their statement of claim that these goods were delivered to the defendants between 1 September 1966 and 8 July 1968, at the request of the defendants who made part-payments leaving a balance of N¢4,599.09. This is the total amount of N¢27.70 and N¢4,4571.36 respectively, shown as the last two items at the bottom of the statement of account which was originally attached to the writ but tendered as exhibit A at the reference. The defence is a complete denial. The defendants averred that they were wrongly and unlawfully debited with the said sums of N¢27.70 and N¢4,571.36. The defendants further averred that they have rather over-paid the plaintiffs the sum of N¢4,124.74. Consequently they put in a counterclaim for this amount in their statement of defence.

The summons for judgment filed by the plaintiffs came on for hearing on 15 May 1969 before my brother Anterkyi J. who made the following order:

“It appearing that there is a dispute as to the state of accounts, the matter is referred to the Registrar of the High Court (Finance) Mr. Brew for the resolution of the accounts and a report thereon. Each party to pay N¢2.00 for each sitting. I do give leave to the defendants to defend.”

In pursuance of this order, the parties and their counsel went before the said referee on 2 July 1969 when the reference started. The reference came to an end on 26 November 1969. The referee then submitted to the court a report containing his findings and recommendations for due consideration. It appears on the whole the referee accepted the evidence of the defendants and came to the following three conclusions:

[p.121]

“The final position of the accounts is therefore:

(a) Amount claimed on the writ N¢4,599.74 to be disallowed.

(b) Counterclaim of N¢4,124.74 is to be allowed.

(c) Amount paid by the defendants but not supported by any agreement and which the defendants now claim N¢5,612.73 to be allowed."

It is to be observed, that the amount being claimed by the plaintiffs in their writ is N¢4,599.09 and not N¢4,599.74 as stated by the referee in his first conclusion referred to supra