DANIEL LARYEA v. PATIENCE KOOMSON

JUDGMENT

On the 2nd day of January 2019, the Plaintiff herein, caused a Writ of Summons to

be issued in this Court against the Defendant claiming the following reliefs:

a. Recovery of GH¢240.00 being outstanding balance of money Defendant

owes.

b. Interest on the GH¢240.00 from October 2018 till final date of judgment

and cost.

The Defendant denied liability and filed her Affidavit in Opposition on 21st

March 2019, after unsuccessful attempt at settlement at the Court Connected

Alternative Dispute Resolution (CCADR).

THE CASE OF THE PLAINTIFF

In his evidence, it is the Plaintiff’s case that he is a businessman and knows the

Defendant who is a trader. That sometime in October 2015, the Defendant

informed him that she had a deep freezer for sale so he expressed interest in

same and they agreed on a purchase price of GH¢800.00. The Plaintiff continued

that he made payment of GH¢340.00 as initial deposit and later indicated that he

was no longer interested in purchasing the item so he requested that the

Defendant should refund the money he paid to her, to him. That the Defendant

however refunded GH¢100.00 out of the GH¢340.00 leaving an outstanding

balance of GH¢240.00. According to the Plaintiff, the Defendant has failed or

neglected to pay the outstanding balance despite persistent demands he has

made for her to pay him his money. He concluded that the Defendant will not

pay the outstanding balance unless she is compelled by this honourable Court to

do so.

The Plaintiff did not call witness and thereafter closed his case.

THE CASE OF THE DEFENDANT

In her affidavit in opposition to the affidavit in support of the Writ of Summons,

the Defendant stated that she was very much opposed to the claim of the

Plaintiff. That the Plaintiff wanted to buy a deep freezer from her at a price of

GH¢1,000.00 and deposited GH¢240.00. That the Plaintiff started eating banku

from her on credit amounting to GH¢120.00; and that the amount left with her is

GH¢120.00. She continued that the freezer is still there which she even brought it

to Court on her first appearance in Court. According to the Defendant, the

Plaintiff has to pay her the balance of GH¢880.00 to pick the freezer which is still

with her. She therefore prayed the Court to order the Plaintiff to pay her the

balance of GH¢880.00 to pick up the freezer.

Let me put it on record that the instant case suffered series of adjournments at

the instance of the parties because although the