GREENLANDS COMMODITIES LIMITED vs OSEI WISDOM

The Plaintiff’s claims against the Defendant per its writ of summons issued on 5th June, 2020 are for;

a. An order of the honourable Court compelling the Defendant to pay an amount of Ghs 67,502.16.

b. An order of the Court directing the Defendant to pay cost incidental to this action including legal fees of Counsel in terms of the Ghana Bar Association (GBA) approved scale of fees.

c. Any other relief(s) the honourable Court deems fit The Plaintiff is a company incorporated under the laws of Ghana with branches in Techiman in the Bono Region of Ghana and other parts of the country. It deals in agro products particularly purchase of cashew nuts for exports. The Defendant is a business man and lives in Techiman in the Bono East Region. The Plaintiff contends that during the year 2020 cashew season the Defendant solicited money from it and it advanced an amount of Ghs 1,171,575 to the Defendant to buy and supply cashew nuts for the Plaintiff. The Defendant supplied cashew nuts to the tune of Ghs 1,104,072.84 with Ghs 67,502.16 remaining which the Defendant did not account for. Wherefore the Plaintiff mounted the suit against the Defendant claiming the reliefs indorsed on the writ of summons.

In its reply and defence to counterclaim the Plaintiff denied the averments in the Defendant’s statement of defence and stated that the Defendant sold some properties belonging to him to defray part of his indebtedness to it and he executed a document admitting his indebtedness to the Plaintiff. Meshack Asante Ameyaw the Operations Manager of the Plaintiff Company gave evidence in chief for the Plaintiff. He repeated the pleadings of the Plaintiff and stated that the Defendant acknowledged and signed a document tendered by the Plaintiff as exhibit “A” series to establish his indebtedness to the Plaintiff. The Plaintiff therefore prays the Court to enter judgment in its favour for the reliefs indorsed on the writ of summons.

THE DEFENDANT’S COUNTERCLAIM

The Defendant filed statement of defence and counterclaim on 30th June, 2020 and stated that he has worked with the Plaintiff since the year 2018 and it is not the case that he solicited money from the Plaintiff. Rather the Plaintiff gave him Ghs 1,236,575.00 in bits between 23rd December, 2019 and 24th April, 2020 representing the year 2020 cashew season to purchase cashew nuts for the Plaintiff which he duly supplied to the Plaintiff and not Ghs 1,171,575 as claimed by the Plaintiff. The Defendant claims tha