MARIQUE TRADING ENTERPRISE LTD v. FRANCIS KUMI
2016
HIGH COURT
GHANA
CORAM
- SAMUEL OBENG DIAWUO
Areas of Law
- Evidence Law
- Contract Law
- Commercial Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a fish wholesaler, supplied various consignments of fish to the Defendant, leaving an unpaid balance of GH₡43,802.00. The Defendant claimed some consignments were unwholesome, leading to losses. The court found that the Plaintiff provided sufficient evidence of the debt and wholesomeness of the fish, while the Defendant failed to substantiate claims of unwholesomeness and his assertion of losses. Judgment favored the Plaintiff for recovery of the outstanding balance plus interest and costs.
JUDGMENT
Per its writ of summons issued out of the registry of this Court on the 3rd day of September, 2014, the
Plaintiff claimed against the Defendant the following reliefs:
a. An amount of GHØ43,802.00 being balance of fish supplied the Defendant.
b. interest on the said sum at the prevailing lending bank rate from February,2014 till date of final payment.
c. Costs, including lawyer’s fees.
The case for the Plaintiff
On the pleadings the Plaintiff made the following relevant averments: -
"1. Plaintiff is a Company incorporated under the laws of Ghana and dealing in the wholesale distribution of fish
2. Defendant is a customer of the Plaintiff
3. Plaintiff avers that between November, 2013 and February, 2014, and at the request of
Defendant it supplied Defendant with fish
4. Plaintiff avers that Defendant has made some payment leaving a balance of GH₡43,802.00
5. Plaintiff says the transactions between it and the Defendant are recorded in ledger form showing supplies, discount and payments.
6. Plaintiff states that the amount is overdue despite repeated demands to the Defendant to settle the amount he has failed to do so
7. Wherefore the Plaintiff claims as per the endorsement on the writ of summons”
Case for the Defendant
The Defendant made the following relevant averments in his statement of defence filed on 27
November, 2014. He pleaded as follows:
“3. Save that the parties were in business within the period of November, 2013 to February, 2014, the rest of paragraph 2 of the statement of claim is denied.
4. Defendant says it was the Plaintiff who introduced himself (sic) to him on phone and proposed to do business with him. Defendant therefore says at no time did he request to do business with the Plaintiff.
5. Defendant says the Plaintiff first supplied him with a consignment of fish worth Twenty Three Thousand Ghana Cedis (GH₡23,000.00) which he sold and made full payment to the Plaintiff.
6. Defendant also says the said first consignment of fish was not quite wholesome so he travelled to Tema to meet the Plaintiff to deliberate on the reduction of the price to enable him sell same to the public.
7. Defendant further says the Plaintiff rather urged him to do his best and dispose of the said consignment with the promise that he would be supplied with a better consignment next time to enable the Defendant cater for his losses.
8. Defendant again says when the second consignment was being sent to him the vehicle conve