MKR COMMODITIES LTD v. ISAAC DOTEEB

JUDGMENT

FACTS

The plaintiff caused a Writ of Summons with an accompanying Statement of

Claim to be issued against the defendant for the following reliefs;

a. Recovery of the sum of GH¢60,000.00 being the balance on quantities of

sugar supplied to defendant at his request which sum defendant has

since failed to pay in spite of several demands.

b. Interest on the said sum at the prevailing commercial rate of interest

from September 2020 till date of final payment.

c. Cost inclusive of solicitor’s fees.

The defendant entered appearance, filed a Statement of Defence and

Counterclaimed against the plaintiff as follows;

a. Recovery of the sum of GH¢57,575.00 being outstanding commission

payment owed and due Defendant from Plaintiff.

b. Interest on the said sum of GH¢57,575.00 at the prevailing commercial

bank lending rate from 1st November, 2020 to the date of full and final

payment.

c. Costs incidental to this suit, including solicitor's fees.

d. Any other order(s) as this court may deem fit.

The plaintiff avers that it is a company registered under the laws of Ghana

and carries on the business of commodities trading. The plaintiff described

the defendant as a businessman trading under the name and style Prince PDD

Enterprise. The plaintiff says that in August 2020, at the defendant's request, it

supplied defendant 1000 bags of 50kgs Brazilian sugar at a unit price of

GH¢160 at a total cost of GH¢160,000.00. According to the plaintiff, the goods

were supplied to the defendant on a 30-day credit line at its warehouse in

Tema and the defendant subsequently sent same to his designated location with payment to be made at plaintiff's premises in Tema or its designated

bank accounts. The plaintiff says that the defendant has since sold the goods

but till date he has failed, refused and or neglected to pay an outstanding

balance of GH¢60,000.00 in spite of repeated demands for payment. The

plaintiff says one of its officers has through several communications via

WhatsApp with the defendant demanded payment for the due sum but

defendant keeps making one unfulfilled promise after another. The plaintiff

says that the defendant is truly and justly indebted to it in the sum of

GH¢60,000.00 and he would not pay unless compelled on the orders of this

court. The plaintiff therefore maintains that the defendant has no defence to

this action.

The defendant denied the claim of the plaintiff. The defendant admits that the

plaintiff supplied