FRANCISGAKLI DZOKOTO v. AKWASI BIO & ANOTHER
March 19, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
March 19, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Dr. Richmond Osei-Hwere of the Ghana High Court adjudicated a commercial dispute over school furniture between a local supplier and two individuals identified as the 1st and 2nd defendants. The supplier asserted that in October 2011 he was engaged to manufacture and deliver 500 beds to Antoa SHS, Ejisuman SHS, Juaben SHS, and Kumasi Girls SHS at GHC135 per bed (total GHC67,500), that an advance of GHC5,000 was paid, and that GHC2,500 was spent on transportation, leaving GHC65,000 outstanding. The 1st defendant denied being a contracting party, claiming only to have introduced the 2nd defendant; the 2nd defendant, served by substituted service, did not participate. Applying the civil standard of proof and evidentiary principles, the court held the supplier failed to prove the 1st defendants contractual involvement but established an oral contract and breach by the 2nd defendant. The court entered judgment for GHC65,000 with commercial bank rate interest from December 2009 and awarded costs of GHC8,000 against the 2nd defendant.
JUDGEMENT
On 20th November, 2015, the plaintiff instituted action against the defendants seeking the following reliefs:
1. The Plaintiff claims against the Defendant for cash sum of Sixty-five thousand Ghana cedis (GHc 65, 000.00) being the total sum of money the Defendant owes the Plaintiff which defendant has refused to refund the said amount despite persistent demands.
2. Interest on the said amount at the prevailing bank rate from December 2009
3. Costs.
The gravamen of the plaintiff’s case is that sometime in October, 2011 he was contracted by the defendants to manufacture and supply 500 pieces of beds to some selected second cycle schools at a unit price of GHCC 135 per bed amounting to GHC 67,500.00. It is the plaintiff’s case that the defendants made an advance payment of GHC 5000 prior to his supply of the beds to the said schools and that he incurred a transportation cost of GHC 2,500.00. Thus, the outstanding amount to be paid by the defendants stands at GHC 65,000.00.
The 1st defendant entered an appearance and in his defence he avers that there is no contractual relationship between himself and the plaintiff. He claims that he only accompanied the 2nd defendant to the plaintiff and introduced the former to the latter. He insists that it was the 2nd defendant who dealt with the plaintiff and that the 2nd defendant advanced the GHC 5000.00 to the plaintiff in his presence.
The 2nd defendant did not participate in the trial, although he was served with the writ of summons and statement of claim by substituted service per an order of the court dated 12th May, 2016. This was after the plaintiff failed in his attempt to effect personal service.
After an unsuccessful attempt at settlement, the following issues were set down for hearing:
1. Whether or not defendants engaged the Plaintiff to manufacture seven hundred and fifty (750) pieces of school furniture for various second cycle schools within the Ashanti Region?
2. Whether or not the Plaintiff performed his duty and manufactured the furniture as Defendants instructed him?
3. Whether or not the furniture manufactured by the plaintiff were delivered and accepted by the schools to which they were supplied?
4. Whether or not the plaintiff made initial payment of five thousand Ghana cedis (GHc 5000.00) for the transportation of the furniture for the various schools?
5. Whether or not the defendants have failed or refused to pay the plaintiff for the manufacture of the said furnitu