FRANCIAM SERVICES v. WAFA YAW
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Evidence Law
- Contract Law
- Civil Procedure
- Commercial Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court appeal arose from a Kasoa cement transaction between the Chief Executive Officer of Franciam Services and a Kasoa businessman. The seller said he delivered 850 bags on credit at GH27 per bag, received GH5,000 and GH2,000, retrieved 264 bags when the buyer could not pay, and claimed a 5% weekly default penalty. The buyer maintained the agreed unit price was GH26.5, asserted an upfront cash payment of GH9,000 before taking the goods, additional payments, and valued the returned 264 bags at GH6,996, counterclaiming GH521 as overpayment. On appeal limited to the ground that the judgment was against the weight of the evidence, the High Court re-evaluated the record, found the sellers Exhibits A, B, and C unreliable, held the 5% penalty non-existent, accepted the buyers price and payment account, and affirmed the District Courts decision, dismissing the appeal with GH4,000 costs.
JUDGMENT
The Plaintiff/Appellant on the 27th day of January, 2020, filed a Notice of Appeal against
the Judgment of the District Court, Kasoa, in the Central Region delivered on the 26th
day of September, 2018, in favour of the Defendant/Respondent against the
Plaintiff/Appellant.
For ease of reference the Plaintiff/Appellant will be referred to as the Appellant whilst
the Defendant/Respondent will be the Respondent.
The Appellant’s action against the Respondent at the Court below and per its amended
Writ of Summons filed in Court dated 11th of July, 2018, was for the following reliefs:
a. Recovery of cash the sum of Eight Thousand Seven Hundred and Twenty Ghana
Cedis (GH₵8,720,000.00) being the remaining amount of 850 bags of cement
supplied to the Defendant on 13/02/18.
b. An order compelling the Defendant to pay 5% on Eight Thousand Eight Hundred
and Twenty Ghana Cedis(GH₵8,820.00) weekly as agreed from 13/02/18 to the
date of final payment.
c. An order directed at the Defendant to pay Four Hundred Ghana Cedis
(GH₵400.00) being the cost of conveying 264 bags of cement from the Defendant’s
store back to Plaintiff depot.
d. Costs.
BRIEF FACTS OF THE CASE
The Plaintiff is a businessman and a Chief Executive Officer of Franciam Services of
Kasoa whilst the Defendant is also a businessman and lives at Kasoa.
The Plaintiff avers that on the 13th February, 2018, he supplied the Defendant with 850
bags of cement at a unit price of Twenty Seven Ghana Cedis (GH₵27.00) and all totaling
Twenty-Two Thousand Nine Hundred and Fifty Ghana (GH₵22,950.00) The Plaintiff
stated that it was agreed that the cost of the 850 bags of cement would be paid in
fullwithin a week but the Defendant failed to do so.
The Plaintiff contends that the Defendant rather paid Five thousand Ghana Cedis (GH₵
5000.00) on the 20th day of February 2018 and thereafter paid Two Thousand Ghana
Cedis (GH₵2000.00) on the 27th day of March 2018, all totaling Seven Thousand Ghana
Cedis (GH₵ 7000.00).
According to the Plaintiff, the Defendant asked him to come for the remaining 264 bags
of cements which he did, because he could not pay for the remaining balance when he
requested for same. The Plaintiff further contends that they both agreed that every one
week of default in paying for the cements will attract five percent (5%) penalty.
The Defendant denied owing the Plaintiff even though he admitted having bought 850
bags of cement from the Plaintiff. The Defendant sta