EXELLENCE PUBLICATION v. REBECCA

On the 23rd of May, 2023 Plaintiff commenced this action against Defendant seeking the following reliefs:

1. A claim against Defendant in the sum of GHc825 being balance of assorted textbooks Defendant bought on credit from Plaintiff in February, 2022 payment of which Defendant had refused upon persistent demand.

2. Costs.

Though Defendant had been served accordingly, she refused to appear before the Court to defend herself.

The summary of subject matter of claim is that Plaintiff is a businessman working with Excellent Publication Company Limited located at Akim Asene and resides at Akim Asene. Defendant herein is the proprietor of Wisdom Preparatory School located at Akim Akokoaso.

Plaintiff says in February, 2022 Defendant bought assorted textbooks from Plaintiff’s company to the tune of GHc1,225.

Plaintiff says Defendant promised to pay the said amount mentioned supra in January, 2023, but she has failed to honor her promise. Defendant’s conduct had been reported to the Police and in the course of demanding payment of the said amount, Defendant made an initial part payment of GHc400, leaving an outstanding balance of GHc825.

Plaintiff says Defendant made another promised to settle the outstanding balance at the end of April, 2023 but she had failed again which is why the matter is in Court for redress.

The evidence-in-chief of Plaintiff Richard Korankye, a trader resident at Akim Oda has it that he knows Defendant at Akim Akokoaso through one Comfort. Defendant herein

bought textbooks from Plaintiff on the 11th of February 2022 to the tune of GHc1,225 and that she promised to pay Plaintiff at the end of April, 2022. Then in July, 2022 Defendant paid GHc400 leaving an outstanding balance of GHc825. Plaintiff averred that he had looked for Defendant of three occasions to demand the balance but to no avail and that each day he spent GHc30 as transport, round trip.

Now the issue before the Court is whether or not Plaintiff is entitled to his reliefs:

It comes to me as a shock that Defendant be served in a case with hearing notice, as appears to have been done in this case, and then she fails to appear. I have no reason to dispute the evidence led by Plaintiff and I therefore enter judgment under Order 25 r (1) (2) (a) in favour of Plaintiff in default of appearance.

Defendant is ordered to pay GHc825 to Plaintiff.

She is further ordered to pay GHc350 as costs and incidental expenses to Plaintiff.

All payments are to be made into Court.

H/W