FRANCISGAKLI DZOKOTO v. AKWASI BIO & ANOTHER

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.