CHARLES A. NYARKO VS BARCLAYS BANK GHANA LTD

Plaintiff filed his Writ of Summons together with the Statement of Claim against the Defendant in November 2014 for the following reliefs:

(a) Recovery of the sum of Thirty-Five Thousand United States Dollars (US$35,000) representing the Dollar component of special damages suffered as a result of Defendant's breach of its contract with Plaintiff herein for the supply of Office Wears of Defendant's staff in the year 2011, and which amount Defendant has failed and/or refused to pay to Plaintiff in spite of several and repeated demands made therefor.

(b) Recovery of the sum of Seventy-Three Thousand Six Hundred Cedis (GHC73,600) representing the Cedi component of special damages suffered as a result of Defendant's breach of its contract with Plaintiff herein for the supply of Office Wears of Defendant's staff in the year 2011, and which amount the Defendant has failed and/or refused to pay in spite of several and repeated demands made thereof.

(c) Interest on relief (i) at the prevailing Dollar interest rate from the 23rd day of October 2011 to date of final payment.

(d) Interest on relief (ii) at the prevailing commercial rate from the first day of October 2011 to date of final payment.

(e) General damages for breach of contract.

(f) Costs.

On 20th November 2014, Defendant herein filed a Notice of Conditional Appearance and a Statement of Defence. Subsequently, an Amended Statement of Defence was filed on the 3rd of December 2014. Plaintiff subsequently filed a Reply to Defendant's Amended Statement of Defence on the 22nd of January 2014. According to the Statement of Claim of the Plaintiff, he is a professional clothing manufacturer based in Accra.

The Plaintiff avers that he has had business relations with the Defendant to provide office wears for its employees, and this business relationship started in 2007 until 2011 when the Defendant breached the contract. Plaintiff’s case is that since 2007, the Defendant had been commissioning the Plaintiff to sew corporate uniforms for its staff.

The Plaintiff avers that by established practice, the Defendant sometimes commissioned the Plaintiff to sew uniforms simply by submitting measurements to him without the issuance of a formal contract or a Purchase Order, a fact the Defendant had denied. It is the case of the Plaintiff that following the established business practice of the parties herein, the Defendant in 2011, through its Procurement and Human Resource Office, contracted Plaintiff to supply Corpor