The Plaintiff instituted the instant action against the Defendant per his Writ of Summons and Statement of Claim filed on 6th July, 2018. Per the Court records, the Defendant upon service of the Writ on it entered conditional appearance, through its Counsel, on 24th July, 2018, although same was not followed up with any application under Order 9 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) as the basis for the entry of conditional appearance.
The conditional appearance therefore ripened into unconditional appearance, per Order 9 Rule 7 (2) of C. I. 47. The Plaintiff subsequently on 30th August, 2018, amended his Writ of Summons and Statement of Claim.
Per the Court records, I see that both were served on the Defendant on 22nd day of November, 2019. I also see from the Court records that the amended Writ of Summons and Statement of Claim were served on the Defendant on the Defendant on 22nd day of November, 2019. Per his amended Writ of Summons and Statement of Claim filed on 30th of August, 2018, the Plaintiff claims the following reliefs against the Defendant: a. Recovery of an amount of GH¢75, 505. 00 from the Defendant being the remaining contract amount for the supply of maize to the Defendant under the LPO with interest commencing 2nd May, 2018 to the final date of payment.
b. Damages for breach of contract (LPO). c. Cost including legal fees.
The gravamen of the claim is contained in paragraphs 3 to 19 of the amended claim, a summation of which is as follows: According to the Plaintiff, per a Local Purchase Order (LPO) dated 24th March 2018, from the Defendant’s Grains Procurement Division, the Defendant engaged his services for the supply to it of maize.
The Plaintiff continues that per the agreement, he was to supply 5, 000 bags of 50kg of maize within 7 days to the Defendant.
That the Defendant was obligated to pay the Plaintiff on the date of delivery of the bags of maize until the parties were able to meet the total contract bags of maize stated in the LPO.
On this basis, the Plaintiff avers that on the 27th of April, 2018, he delivered 52 bags of 50kg maize to the Defendant.
That this was followed up with another delivery of 113 bags of 50kg maize at GH¢85. 00 per bag.
That subsequently, on 2nd May 2018, the Plaintiff also states that he supplied a thousand bags of 50kg bags of maize at GH¢80 per bag to the Defendant.
The Plaintiff further states that as part of the terms of the contract, the Defendant on 23rd Apr
