FRANKWEL AUTO GARAGE v. LEASAFRIC GHANA LIMITED

The Plaintiff herein is an Auto Garage owned and operated by Francis Kodjo Ahonnon

as a sole proprietor enterprise. The Defendant on the other hand is a limited liability

company in Accra that specializes in fleet management, personnel outsourcing, fleet

tracking, car rental and also into leases and financial lease services.

On or about the 8th July, 2021, the Plaintiff took out a Writ of Summons against the

Defendant claiming the following reliefs;-

“(a) Recovery of the sum of GHC98, 572.00 being the outstanding debt due and

owed Plaintiff by the Defendant as at April 2019

(b) Interest on the above sum for April 2019 till date of final payment

(c) Costs including legal fees and

(d) Any other order(s) as this Honourable Court may deem fit.

The Plaintiff accompanied his Writ of summons with an 11 paragraph Statement of

Claim. The gravamen of the Plaintiff’s case is as contained in his paragraphs 5 to 10 of

the Statement of Claim filed on 8th July, 2021 as follows;-

“5. Plaintiff says it renders services to Defendant in the area of vehicular

repairs.

6. Plaintiff says that upon completing a particular task, it will raise invoice to

be paid by the Defendant within two weeks or up to one month.

7. Plaintiff says somewhere between 2017 to about 2019, it issued various

invoices based on services rendered to Defendant of which Defendant made part

payment but failed to fully settle its indebtedness.

8. Plaintiff says that it demanded full payment for the outstanding invoices

totaling Ninety-Eight Thousand, Five Hundred and Seventy-Two Ghana Cedis

(GH¢98, 572) but Defendant failed and refused to pay.

9. Plaintiff says it wrote two (2) Demand Notices dated 2nd March 2021

and 31st March 2021 to the Defendant.

10. Plaintiff says that Defendant responded to the Demand Notice dated 31st

March 2021 claiming that it had fully paid the outstanding balance and that it is not

indebted to the Plaintiff in any way”.

The Defendant also upon service filed an 8 paragraph Statement of Defence. Of

particular importance are paragraphs 4 through 6 which I reproduce hereunder. They

are;-

“4. In further denial of paragraph 6 of the Plaintiff’s Statement of Claim,

Defendant says that it would invariably issue a work order detailing the

scope of work to Plaintiff before Plaintiff undertakes any work for Defendant.

Defendant says that Plaintiff would usually raise an invoice upon completing

specific work orders based upon which Defendant would pay