ECO PRIME SOLUTIONS LIMITED v. LA PALM ROYAL BEACH HOTEL
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sought summary judgment against Defendant for amount owed for supplied goods. Application was based on delivery and payment discrepancies, with Defendant disputing the amount owed. Court reviewed pleadings, affadavits and relevant legal principles to determine if summary judgment was appropriate. It denied summary judgment, recognizing Defendant had a plausible defense and ordered reconciliation for the remaining balance after awarding Plaintiff GH¢91,048.17, which Defendant admitted to owing.
SUMMARY JUDGMENT - RULING
Introduction:
[1] This is an application by Plaintiff/Applicant filed on January 22, 2019 herein praying that summary judgment be entered against the Defendant/Respondent for the following:-
a. The recovery of GH¢166,012.57, being the amount owed by the Defendant as at 1st January 2018 for the goods supplied it by the Plaintiff;
b. Interest on the sum of GH¢166,012.57, at the prevailing interbank interest rate from 2nd January 2018 till date of final payment; and
c. Costs.
[2] The grounds upon which the instant application is premised are catalogued in a 20 paragraph supporting affidavit of Kwesi Boateng Tamakloe accompanying the motion paper. The thrust of the Plaintiff/Applicant’s case is that the Applicant entered into a Chemical Supply Agreement with the Respondent to supply it with products for the year commencing 1st January 2016. A copy of the agreement was attached as Exhibit KBT1. According to the Applicant by the terms of the agreement the Respondent was supposed to make payments within thirty days from the date of receipt of invoices from the Applicant. The Applicant further averred that under the terms of the agreement it had the option to charge interest at the prevailing interbank interest rate on the invoices unpaid by the Respondent after the 30 day period.
[3] The further case of the Applicant is that even though it supplied the Respondent with products worth GH¢382,323.80 under the agreement but after it sent the invoice to the Respondent it paid only GH¢273,361.49. The Applicant says it sent several emails to the Respondent to remind it to pay for the goods supplied but they were mostly ignored such that as of 31st December 2016 the Respondent owed the Applicant the amount of GH¢109,336.31 plus interest of GH¢30,595.07 all totaling a sum of GH¢139,931.38. Copies of the emails were attached as Exhibit KBT2.
[4] The Applicant says though the Respondent owed the amount of money stated above, based on assurances given by the Respondent the Applicant entered into another Chemical Supply Agreement (Second Agreement) with the Respondent for the year commencing January 1st 2017. A copy of that agreement was also attached as Exhibit KBT3. According to the Applicant the Respondent again failed to pay for the goods supplied under the second agreement. It is therefore the case of the Applicant that “from 13th January 2016 to 9th June 2017, the Plaintiff had supplied goods under 54 invoices worth GH¢491,931.7