2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over unpaid amounts for cocoa beans supplied by the Plaintiff, a supplier from Ivory Coast, to the Defendant, a Ghanaian company, under a 2011 contract. The Plaintiff claimed 267,948,266 CFA, but the Defendant acknowledged a debt of 170,000 Euros. The initial High Court judgment in favor of the Plaintiff was appealed by the Defendant. The Appeal Court set aside the High Court's judgment and ruled in favor of the Plaintiff for 170,000 Euros with interest from the date of debt reconciliation in March 2013, based on principles of conclusive presumption in written agreements and proper commencement of interest.
Irene Charity Larbi (Mrs.) J. A.
Section 25 of the Evidence Act, 1975 (NRCD 323) - Evidence—Burden of proof—Conclusive Presumption. The facts recited in a written document are conclusively presumed to be true between the Plaintiff and the Defendant.
Interest—Award of interest—Date from which debt due for award. Where payments are made intermittently, the award of interest should commence from the date of the reconciliation of the account.
Irene Charity Larbi (Mrs.) J. A.
This appeal emanates from the judgment of the High Court, Cape Coast, delivered on 31st July, 2015.
On 1st August, 2014, the Plaintiff issued from the registry of the court a writ of summons with the following endorsements: - The Plaintiff claims against the Defendant as follows:
“(a) Recovery of the sum of 267,948,266.00 CFA or its Cedi equivalent as per the current Forex Bureau exchange rate for the Cocoa beans the Defendant purchased from the Plaintiff but has refused to pay despite repeated demands.
(b) Interest at the prevailing bank lending rate from February, 2011 to date of judgment.
(c) Cost.
The Defendant, a company registered under the laws of Ghana, deals in the purchase of agricultural products such as cocoa beans, shea-nuts, and other commodities.
The Plaintiff averred that somewhere in February, 2011, he had a contract with the Defendant to supply the Defendant with African Cocoa Beans from Ivory Coast. This contract was in pursuance of authorization granted to the Defendant to purchase and import cocoa beans from Ivory Coast by the Ghana Cocoa Board.
The Plaintiff contended that the contract was reduced into writing and the modalities for the supply and payment of the African Cocoa Beans were all specified.
The Plaintiff contended that sometime in the 2012/2013 Cocoa season, he demanded his outstanding payment for the supply of beans only to be told that he was rather indebted to the Defendant in the sum of 180,525.00 Euros.
The Plaintiff contended further that he wrote back requesting a reconciliation meeting, which was done, and it