GH - FRANCIS ANTWI VS ALEX ODOOM MARFO

Plaintiff’s Statement of Claim and Reliefs sought By a writ of summons issued on 16th November 2011, the plaintiff claimed the following reliefs against the defendant: i. Recovery of an amount of GH¢20, 553. 80 being amount of debt owed by defendant to plaintiff.

Interest on the said sum at current bank rate from January 2011 to date of judgment.

General damages for breach of contract.

It is the plaintiff’s case that he entered into an agreement for the defendant to run the plaintiff’s Mercedes Benz Bus and for the defendant to account to him on a monthly basis.

The defendant failed to make the accounts to the plaintiff which led to an accrued amount of GH¢20, 553. 80 as sales arrears, an amount the defendant admitted and the parties signed a document titled ‘Agreement Note’ confirming the said indebtedness.

It is the plaintiff’s case that the defendant agreed to pay the outstanding amount by the end of January 2011 but he failed to honour his word despite repeated demands on him.

The plaintiff therefore had no option but to institute the present action.

Defendant’s defence and counterclaim In a statement of defence filed on 23rd January 2012, the defendant virtually admitted the plaintiff’s assertions but however averred that the plaintiff seized his 38-seater Mercedes Benz Bus in February 2011 and has been running it as his own primarily to offset the debt he owes the plaintiff.

It is therefore the defendant’s case that the plaintiff has been able to recoup his money from the running of the bus.

The defendant therefore counterclaimed as follows: i. That the honourable court orders the calculation of the total sales of his 38-seater Mercedes Benz calculated at GH¢80 per working day from 1st February 2011 till the day of judgment, Sundays excluded, and the same be paid to the court by the plaintiff.

That the court uses the total amount to pay off the debt owed to the plaintiff for the defendant to pay any negative balance, if any.

That the court orders any positive balance left to be paid to the defendant.

That the court orders the plaintiff to return to the defendant his Mercedes Benz bus forthwith.

v. General damages for the unauthorized seizure of the defendant’s vehicle since 1st February 2011. Or in the alternative the honorable court orders: i. The plaintiff to return to the defendant his Mercedes Benz bus forthwith.

The plaintiff to pay to the defendant the total of sales made by the said vehicle calculated at GH¢80 per day from the da