DOREEN AMANKWA SUIGNG PER HER LAWFUL ATTORNEY REBECCA ASAMIAH v. KASIM ADELAKPUI

CLAIM:

a) An order of the Honourable Court to prevail upon the defendant to come down

to Asamankese to put up final and satisfactory touches to the kitchen design work assigned and entrusted to him by the plaintiff somewhere in October,

OR IN THE ALTERNATIVE

The refund to the plaintiff the sum of twenty six thousand Ghana Cedis (Gh¢26,000.00) paid to the defendant for the said kitchen design work with interest at the prevailing bank rate commencing October, 2020 to the date of judgment.

b) Costs.

COUNTER CLAIM:

The defendant joined issues and counter-Claimed as follows:

Payment of the sum of One thousand six hundred Ghana cedis (Gh¢1,600.00) by

the plaintiff to him being the balance the plaintiff owes him for fully installing a

kitchen cabinet set and high lander which the plaintiff has failed to pay.

b) Costs.

SUMMARY OF PLAINTIFF’S CASE:

According to her, she contracted the defendant to make a U-shape kitchen cabinet

for her, and use marble for the top, and paid the defendant, leaving a balance of

Gh¢1,600.00.

That the defendant, instead of a U-shape kitchen cabinet rather made an L-shape

cabinet. Again, he did not use marble to design the top but rather used granite.

That the entire job was poorly done, hence this suit, praying the court for the reliefs

endorsed on her writ of summons. The plaintiff did not call any witness

SUMMARY OF DEFENDANT’S CASE:

After filing his witness statement on 3/11/2022 and serving the plaintiff’s attorney,

the defendant never came back to Court for case management conference and

hearing till 30th March, 2023 when the plaintiff’s attorney was heard. The service of

a hearing notice and substituted service could not compel the attendance of the

defendant. Therefore, his witness statement could not be adopted as his evidence.

Accordingly, in accordance with Order 25r1(2)(a) of the District Court Rules

2009(C.I 59) as amended, I dismissed the defendant’s counter-claim and struck out

his witness statement.

ISSUES FOR DETERMINATION:

From all the evidence before me, the only issue for determination is whether or not

the defendant breached the agreement or contract he had with the plaintiff.

Since the defendant did not come to Court to defend himself by cross-examining the

plaintiff’s attorney, I take what the plaintiff’s attorney said in her witness statement

to be the truth and therefore enter judgment in her favour.

Accordingly, the defendant is compelled by this judgment to specifically perfor