FUTURE POINT INFORMATION VS GEORGE AKWETEY TORGBOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANAPARE A. BARTELS-KODWO (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Commercial Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involved a dispute between the Plaintiff and Defendant regarding the sale of a 2007 Nissan Armada. The Plaintiff sought recovery of an outstanding purchase price, interest, general damages, and costs, asserting a breach of contract by the Defendant. The Defendant denied the claims and sought a counterclaim for expenses incurred. The court reviewed evidence and legal arguments, determining that the Defendant freely entered into the repayment agreement, the agreed price was US$19,000, and the Defendant had paid US$9,231.23. The court ruled in favor of the Plaintiff for the outstanding amount, interest, and damages, and dismissed the Defendant's counterclaim.
The Plaintiff claimed against the Defendant for:
a. Recovery of the sum of Nine Thousand Seven Hundred and Sixty Eight United States Dollars and Seventy Seven Cents (US$9, 768. 77) being the outstanding purchase price for the sale of the 2007 Nissan Armada to the Defendant as at 20th September 2013. b. Interest on the said sum of Nine Thousand Seven Hundred and Sixty Eight United States Dollars and Seventy Seven Cents (US$9, 768. 77) at the prevailing Commercial Bank Rate from September 21, 2013 to date of final payment.
c. General damages for breach of contract.
d. Costs.
The Plaintiff Company in its statement of claim averred that the Defendant is its customer and by an oral agreement between them in the year 2013 the Defendant was to purchase a 2007 Nissan Armada belonging to Plaintiff.
It contended that a term of the Agreement was that the Defendant was to pay 50% of the purchase price of Nineteen Thousand Dollars (US$19, 000. 00) before the vehicle was shipped and the balance paid upon delivery of the vehicle to the Defendant.
The Defendant however failed to pay the agreed sum.
However it took delivery of the vehicle after same had been cleared from the port.
The Plaintiff allowed it to do so due to the business relationship between the parties.
According to the Plaintiff, due to the failure of the Defendant in making payment for the vehicle in due time one of the Plaintiff’s officers Joseph A. Ahlijah who was working for Plaintiff in the United States had to come down to Ghana and follow up on the issue of payment for this vehicle.
Consequently the parties to the original oral agreement, on the 26th August, 2013 renegotiated and reduced the terms of the renegotiated agreement into writing which parties duly signed.
By which terms the Defendant was to pay the total purchase price in two instalments of Ten Thousand Dollars(US$10, 000. 00) and Nine Thousand United States Dollars ($9, 000. 00) on or before 31st August, 2013 and 20th September, 2013 respectively.
Per the terms of the renegotiated agreement upon default the Plaintiff was at liberty to charge an interest rate not in excess of 25% on every balance that remained unpaid.
Despite the agreement the Defendant has only made a total payment of Nine Thousand Two Hundred and Thirty One United States Dollars and Twenty-Three Cent ($9, 231. 23). He has failed to settle its indebtedness and unless compelled by the Court would not do so.
By the failure of the Defendant to settle its indebte