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JUDGMENT
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