FATIMATA MOHAMMED v. BABA WALGA

JUDGMENT

INTRODUCTION

1. This judgment relates to commercial contract.

2. The plaintiff in this case is a nurse practioner while the defendant is a trader. Both

are ordinarily resident in Tamale. On 12/4/22 the plaintiff instituted this action

against the defendant for the following relief:

“a. Recovery of an amount of GHS15,600.00 being balance of amount of

GHS18,600.00 given to defendant by plaintiff in 2020.

b. Interest on the amount from 2020 to date of judgment.”

3. The defendant on 25/4/22 disputed plaintiff’s claim. Parties were, therefore, ordered

to file their witness statements. On 10/5/22 plaintiff filed witness statements in support

of her case. On 26/5/22 defendant, on his part, also filed witness statements in support

of his defence. In his witness statement, defendant counterclaimed for GHS2,350.00

as expenses due him.

4. The respective cases of the parties are detailed below.

PLAINTIFF’S CASE

5. The plaintiff’s case is that she is engaged in petty trading of shea nuts with the

assistance of defendant. According to plaintiff, in or about 2020 she gave defendant

GHS18,600.00 to buy shea nuts which were selling at GHS120.00 per bag at that time.

She indicated that 95bags of shea nuts were bought and defendant informed her that

after weighing, the number of bags reduced to 93. There were other incidental cost.

She averred that per their agreement defendant was to store the shea nuts and she

was to sell them later in the year when the price had appreciated. However, when

price of shea nuts increased, defendant failed to release the shea nuts. When she

approached defendant for the shea nuts, plaintiff indicated that defendant threatened

her not to contact him again. According to plaintiff, defendant requested to deal with

a third party, preferably a male. So plaintiff introduced her uncle, Mr. Abdul-Razak,

to defendant but defendant would not release the shea nuts and continued with his

threats. Scared of the threats and likelihood of losing her money, plaintiff reported the

matter to the police. She indicated that at the police station, defendant admitted to

having the goods worth GHS18,600.00 and agreed to pay the money. She indicated

further that defendant then paid GHS3,000.00 to her. She claims that defendant has

failed to pay the outstanding balance, despite repeated demands. Hence, this instant

action.

Plaintiff’s Witnesses

6. Plaintiff called two witnesses in support of her case. First, the said Mr