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JUDGMENT
On or about the 17th December, 2020, the Plaintiff herein a private limited liability
company dealing in general goods and merchandise including household and
electronic appliances sued the Defendant an entrepreneur also trading in smart
appliances claiming the following reliefs;-
“a. An Order directed at the Defendant to pay the sum of GH¢144, 910.00
owed the Plaintiff
b. Interest on the sum of GH¢144, 910.00 at the prevailing bank rate from 8th
October, 2020 till date of final payment
c. Costs inclusive of Lawyer’s fees”
The Plaintiff’s Writ of Summons was accompanied by a Statement of
Claim. The pertinent paragraphs of the Statement of Claim are as follows;-
“5. The Plaintiff avers that even though payment became due on 8th October,
2019, the Defendant has only paid GH¢246, 780.00 leaving outstanding the
sum of One Hundred and Forty-Four Thousand, Nine Hundred and
Ten Ghana Cedis (GH¢144, 910.00).
6. The Plaintiff says that the Defendant has failed and or/refused to pay up
the outstanding debt of GH¢144, 910.00 despite repeated demands made
on him to do so.
7. The Plaintiff says that the Defendant has evinced an intention not to
pay his outstanding debt of GH¢144, 910.00 to the Plaintiff unless
compelled by this Honourable Court”
The Defendant upon service also entered appearance and filed a Statement of Defence.
The case proceeded through the pretrial stage and when no settlement was reached,
the following were set down as the issues for the determination by the Court. They
are;-
“1. Whether or not a credit sale agreement was entered into on the 1st day of
August, 2019
2. Whether or not the failure of the Defendant to comply with the payment
terms under the agreement was due to the Plaintiff’s delay in delivering the
goods to the Defendant.
3. Whether or not the Defendant is indebted to the Plaintiff in the sum of
GH¢144, 910.00
4. Whether the Plaintiff is entitled to the reliefs endorsed on the Writ of
Summons and
5. Any other issues arising from the pleadings”.
When the case came up for trial, the Plaintiff filed the instant motion for judgment on
admissions on the 25th day of November, 2022. The basis of the application is contained
in the Affidavit in Support particularly paragraphs 6, 7. 8 and 9 of the said Affidavit
in Support.
For purposes of emphasis, I reproduce the said paragraph as
“6. That while the Defendant’s Statement of Defence did not disclose any
reasonable defence, the Defendant also mad