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JUDGMENT
JUDGMENT
The Plaintiff instituted the instant action jointly and severally against the Defendants for the reliefs set out below:
A declaration that upon a reconciliation of accounts between the Plaintiff and the Defendants, the
Plaintiff is indebted to the 1st Defendant Company in the sum of three thousand Ghana Cedis (GH¢3,000.00).
An order that the Plaintiff pays the sum of three thousand Ghana Cedis to the 1st Defendant
Company in full and final satisfaction of the Plaintiff’s indebtedness to 1st Defendant Company based on the contract.
An order for accounts.
An injunction to restrain the Defendants either by themselves or by their servants or agents or howsoever, from using unlawful means to detain the Plaintiff or Plaintiff’s petrol tanker.
A summary of the Plaintiff’s case is that he entered into a contract with the 2nd Defendant as agent of the 1st Defendant for the supply of Petroleum products on credit in January, 2011 but the contract was terminated in May, 2011. During the subsistence of the contract, various petroleum products worth GH¢296,061.53 were allegedly supplied to the Plaintiff. The Plaintiff claims he made payments amounting to the sum of GH¢292,145.00 to the 1st Defendant. He alleged that GH¢52,500.00 of this amount was paid personally to the 2nd Defendant but the rest of the money was paid into the 1st Defendant’s bank accounts with the Agricultural Development Bank and the UT Bank. It is the Plaintiff’s case that per his records, he owes the 1st Defendant the sum of GH¢3,000.00 and has since paid an amount of GH¢1,000.00 into its bank account. Irrespective of this payment, the 2nd Defendant is alleged to have used the police and other unlawful means to coerce the Plaintiff to pay an amount of GH¢28,000.00 and caused his Tanker to be detained.
An amended statement of defence was filed on behalf of the two defendants in which they stated an amount of GH¢296,056.53 as the value of the products supplied to the Plaintiff. The Defendants did not dispute the payments made by the Plaintiff on account of the 1st Defendant at the Bank. The 2nd Defendant however disagreed with the quantum of payments said to have been made to him personally. Both Defendants counterclaimed for the recovery of an amount of GH¢ 26,811.53 as the Plaintiff’s indebtedness and interest thereon.
All attempts to reconcile accounts prior to this trial proved futile. Three straightforward issues were set down for trial as follows:
1. Whether or not the amoun