KWAME ANTWI v. LAWRENCE MENSAH

JUDGMENT

Plaintiff claims against the Defendant is as following:

i. A declaration that the Defendant has breached the terms of the Agreements for the

supply of clean-cut teak logs within one (1) week

ii. General damages

iii. An order directed at the Defendant to pay the Plaintiff the total amount of FiftyNine Thousand, Six Hundred and Seventy Ghana Cedis (GHc59, 670.00) (The

Demand Amount), being the exact amount paid to the Defendant.

iv. An order for the payment of interest on the said Demanded Amount from the date

of breach till the date of final payment by the Defendant at the prevailing

Commercial Bank rate.

v. An order for the revaluation of the Daewoo saloon vehicle with registration

number GN-8599-12 which was used as a form of collateral at the time with a

valuation of GHc12,000.00.

vi. An order for the Plaintiff to sell the Daewoo saloon vehicle with registration

number GN-8599-12 at the newly-revaluation price to set-off immediately a part

of the sum owed the Plaintiff (this order should contain another clear order to the

Driver and Vehicle Licensing Authority (DVLA) to delete the name of the current

owner and substitute same with the name of the Plaintiff, for ease of transfer of

ownership when successfully sold)

vii. Costs including solicitor’s fee for this action; and

viii. Any further order(s) this Honourable Court may deem just and fit.

The Defendant admitted liabilities to reliefs: - i, ii, and iii, and pleaded not liable to reliefs

iv, v, and vii to the Plaintiff’s claim.

In the cause of trial the Defendant after filing the necessary documentations and made

two appearance at the court then refused to prosecute his case upon three hearing notices

served on him and this made the court to allow the Plaintiff to make his case as per Order

25 rule 1(2)(a) CI 59 District Court Rule 2009 provides.

(2)(a) Where the Plaintiff attends and the Defendant fails to attend, dismiss the counterclaim, if

any, and allow the plaintiff to prove the claim.

EVIDENCE BY PLAINTIFF

The Plaintiff’s case was that he had business discussion with the Defendant on 16th April,

2021 to supply one (1) container of clean-cut teak logs (“Teak Logs”) with agreement price

of Fifteen Thousand Ghana Cedis (GHc15,000.00). According to the Plaintiff he has

advanced an amount of GHc59, 670.00 of which the Defendant admitted. He contended that when he advanced an amount of GHc50, 000.00 to the Defendant he then told him to

provide security to that