MACCA LOGISTICS vs ABSOLUTE LOGISTICS COMPANY LIMITED
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Contract Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute between the Plaintiff and Defendant over a sum of 12,598,361 FCFA (equivalent to GH¢110,668.59) related to a cargo removal contract. The Plaintiff claims to have paid this amount to the Defendant, who subsequently failed to perform the service or refund the money. Despite acknowledging the debt, the Defendant did not return the funds. The Plaintiff filed a suit, and the Defendant was served but failed to appear. The court, applying Order 10 Rule 1 of C.I. 47, entered a default judgment in favor of the Plaintiff. The judgment ordered the Defendant to pay the principal sum, interest from the date of the cause of action, and costs. This case demonstrates the legal consequences of failing to appear in court after being served and the court's power to enter default judgments in such circumstances.
The Plaintiff mounted this suit on 5th October 2018, against the Defendant for the following reliefs:
a. Recovery of the sum of 12, 598. 361FCFA or the sum of GH¢110, 668. 59 being its cedi equivalent as at 1st June, 2018 an amount that the Defendant has unlawfully withheld from the plaintiff.
b. Interest on the said sum at the prevailing commercial bank rate from 23rd June, 2018 up until the date of final payment.
c. Costs including legal costs.
The gravamen of the Plaintiff’s claim is contained in paragraphs 2 to 10 of the Statement of Claim, a summation of which is as follows: According to the Plaintiff, sometime in May, 2018, it engaged the services of the Defendant to remove cargo from Burma Camp in Accra to the Tema Harbour for a fee of 12, 598, 361FCFA.
The Plaintiff says that it transferred the said amount through Ecobank Mali to the Defendant’s account at the Universal Merchant Bank Limited-Airport City Branch on 1st June, 2018. The Plaintiff avers that the Defendant informed it that its bankers had refused to accept the amount because it was denominated in FCFA and subsequently directed the Plaintiff to pay the contract fee through its Mr. Seth Ampadu in three tranches on 22nd June, 2018. The Plaintiff continues that it subsequently cancelled the transfer it had authorised on 1st June, 2018, to be transferred to Universal Merchant Bank Limited-Airport City Branch, but Ecobank Mali showed it evidence that Universal Merchant Bank Limited-Airport City Branch had received the money and same had been paid into the Defendant’s account.
The Plaintiff avers further that Universal Merchant Bank Limited-Airport City Branch informed it that the only way the money could be returned to Ecobank Mali to the credit of the Plaintiff was if the Defendant gave such an authorisation.
The Plaintiff says that it subsequently informed the Defendant to authorise the transfer and return of the money to it through Ecobank Mali but the Defendant has failed or refused to do so despite repeated demands.
The Plaintiff says that in an email to it dated 9th August, 2018, the Defendant acknowledged the debt but requested for a couple of days to authorise the transfer.
The Plaintiff says that it later caused its lawyers to write to the Defendant on 16th August, 2018 to demand payment of the 12, 598, 361FCFA or the sum of GH¢110, 668. 59 being its cedi equivalent.
The Plaintiff continues that the Defendant has failed or refused to make a refund of the sum of 12, 598, 361