K2 POTENTIAL COMPANY LTD VS ROSE AGYEIWAA
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’.
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff initiated legal proceedings against the Defendant for the recovery of a debt of GHS 443,065.00, interest on the debt from 13th April 2022, and solicitor’s fees. Despite entering appearance, the Defendant did not file a defense. Interlocutory judgment was awarded to the Plaintiff, and the Defendant failed to attend subsequent hearings. The Plaintiff's representative's testimony and evidence were unchallenged, leading the court to rule in favor of the Plaintiff. The court awarded the claimed debt, interest, and costs to the Plaintiff.
The Plaintiff per its Writ of Summons filed on 15th March 2023, claims the following reliefs against the Defendant: a) Recovery of an amount of Four Hundred and Forty-Three Thousand, Sixty-Five Ghana Cedis (GHS 443, 065. 00) being the Defendant outstanding debt to the Plaintiff.
b) Interest on the outstanding debt from 13 th April 2022, until the date of final payment at the prevailing interest rate.
c) Cost including solicitor’s fees.
The Writ of Summons and the Statement of Claim were served on the Defendant on 17th March 2023, as per the affidavit of service commissioned on 20th March 2023. The Defendant entered appearance on 23rd March 2023. The Defendant did not file any Statement of Defence.
The Plaintiff applied for and obtained interlocutory judgment against the Defendant on 5th June 2023. The Plaintiff served a copy of the interlocutory judgment and hearing notice on counsel for the Defendant on 20th June 2023. Again, the Plaintiff served its pre-trial checklist, witness statement and all documents it intended to tender in the case on counsel for the Defendant on 11th July, 2023. Counsel for the Defendant was also served with hearing notice on the same 11th July 2023, for Case Management Conference scheduled for 18th July 2023. However, the Defendant and her counsel were absent during the Case Management Conference on 18th July 2023. The Defendant counsel was again served with hearing notice to appear in court for the hearing of the case on 14th December, 2023. However, the Defendant and her counsel were absent without any reason.
When the case came up for hearing, the Plaintiff’s representative testified as follows: He is called Maxwell Effah and lives at House No. 58, Abonkor, Tema Newtown.
He is the Marketing Manager of the Plaintiff’s Company.
The Plaintiff is a registered company under the laws of Ghana and engaged in the supply of various frozen foods with frozen “cow feet” inclusive.
The Defendant was introduced to the Plaintiff by a friend named Stephen Mbroh in March, 2022. The Plaintiff had several communications with the Defendant after the introduction, for the Plaintiff to supply quantities of cow feet to the Defendant.
It was agreed that the Defendant would make outright payment for each quantity supplied.
On 13th April 2022, the Plaintiff supplied 1, 348 cartons of cow feet to Defendant at the price of 235. 00 per carton making a total cost of Three Hundred and Sixteen Thousand, Seven Hundred and Eighty Ghana Cedis (GHS 31