JADE E SERVICES (GH) LTD v. DAVID DANSO

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