The Plaintiff per its Writ of Summons filed on 5th June, 2018 and amended Statement of Claim filed on 20th November, 2018 instituted this action against the Defendant for the following reliefs: 1. The amount of GH¢86, 098. 59 being the defendant’s outstanding indebtedness to the Plaintiff in respect of security and related services provided by the Plaintiff to the defendant pursuant to an Agreement between the parties; 2. Interest thereon at the base lending rate of the Bank of Ghana as shall be in force from 31st October, 2016 until the date of final payment; 3. Cost; 4. Any further or other order(s) as the Court may seem fit.
THE CASE OF THE PLAINTIFF The gravamen of the Plaintiff’s claim is contained in paragraphs 2 to 6 of the amended Statement of Claim, a summation of which is as follows: According to the Plaintiff, by an agreement between the parties, the Plaintiff agreed to provide the Defendant security services at its ENI Project site in Takoradi.
It is the case of the Plaintiff that a term of the agreement was that the Defendant would pay monthly in advance charges agreed in full for equipment and or services to be supplied, installed and or provided.
That it was further agreed that where any payment became overdue, an interest equal to the base-lending rate of the Bank of Ghana in force would be charged.
According to the Plaintiff, it provided the agreed services to the Defendant but the Defendant, wrongfully and in breach of the agreement, has failed and or refused to make payment despite repeated oral and written demands for same.
The Plaintiff concludes that there remains due and owing from the Defendant to it an amount of GH¢86, 098. 59 (Eight-Six Thousand and Ninety-Eight Ghana Cedis and Fifty-Nine Pesewas), for which it has mounted the instant action.
THE CASE OF THE DEFENDANT The Defendant entered appearance on 13th November, 2018. Per its amended Statement of Defence filed on 18th December, 2018, the Defendant denies all the material claims of the Plaintiff stating that it had paid all monies due the Plaintiff under the Security Services Agreement for which reason it does not owe the Plaintiff.
The Defendant further avers that the GH¢86, 098. 59 the Plaintiff alleges it owes represents the costs of feeding that it deducted from the said payments when in utter breach of the terms of the said Agreement, the Plaintiff failed to provide food for its security employees who therefore had to be fed by the Defendant, with the consent of t
