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JUDGMENT
1.0 Per the Writ of Summons and the Statement of Claim filed on 17th
July 2018, Plaintiff claims against 1st Defendant the following reliefs:
1. Recovery of the sum of Nine Hundred and Ninety-Six Thousand,
Three Hundred and Fifty-Six Ghana Cedis (GH¢996,356.00) being
the outstanding indebtedness of the 1st Defendant company as at 23rd
November, 2017.
2. Interest on the said Nine Hundred and Ninety-Six Thousand, Three
Hundred and Fifty-Six Ghana Cedis (GH¢996,356.00) calculated at
the prevailing bank rate from 23rd November, 2017 till date of final
payment.
3. Damages for breach of contract.
And against 2nd Defendant the following reliefs:
4. Recovery of the sum of Two Hundred and Seventeen Thousand,
Three Hundred and Eighty-Five Ghana Cedis (GH¢217,385.00)
being the outstanding indebtedness of the 2nd Defendant as at 23rd
November, 2017.
5. Interest on the said Two Hundred and Seventeen Thousand, Three
Hundred and Eighty-Five Ghana Cedis (GH¢217,385.00) calculated
at the prevailing bank rate from 23rd November 2017 till date of final
payment.
6. Damages for breach of contract.
And against Defendants;
7. Costs including Solicitor’s fees
2.0 Although the suit was originally against 3rd, 4th, 5th and 6th Defendants
(Vish Ashiagbor, Eric Nana Nipah, GCB Bank Limited and Bank of
Ghana respectively) as well, upon an application filed on behalf of
Plaintiff, the suit against the said Defendants was struck out as
discontinued on 20th November, 2019. This effectively made
variations 1st and 2nd Defendants, the only Defendants in this suit.
PLAINTIFF’S CASE
3.0 Plaintiff’s case is that pursuant to a Distribution Agreement between
Plaintiff and 1st Defendant Company, Plaintiff agreed to and in fact
supplied the 1st Defendant Company with agro-chemicals and agromachinery.
st Defendant Company was to sell the said products and pay within
Ninety (90) days from the invoice date.
5.0 That 2nd Defendant also personally requested for goods from Plaintiff
which were subsequently supplied.
6.0 That 1st and 2nd Defendants despite receiving and selling the said
goods have failed to pay for all the goods.
7.0 That the outstanding sum in respect of the goods supplied to 1st
Defendant company is Nine Hundred and Ninety-Six Thousand,
Three Hundred and Fifty-Six Ghana Cedis (GH¢996,356.00) and
that in respect of 2nd Defendant is Two Hundred and Seventeen
Thousand, Three Hundred and Eighty-Five Ghana Cedis
(GH¢217,385.00).
8.0 Upon