MOHAMMED SALEH MROUE v. EMMANUEL ADJETEY
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a business dispute, the Plaintiff sought to recover amounts paid for undelivered goods and miscellaneous payments made on behalf of the Defendant. The Defendant admitted part of the claims but denied issuing a cheque. A pre-trial judgment on admissions confirmed the Defendant's obligations. The court, proceeding in the Defendant's absence, ruled in favor of the Plaintiff, affirming the issuance of the cheque and awarding recovery of GH¢29,630.00, plus interest and costs.
JUDGMENT
The business transaction between the parties herein which was initiated by the Defendant did not end on a good note. It is the Plaintiff's case that he paid a total sum of GH¢108,000.00 to the Defendant in two installments for the supply of 5,000 bags of cement and 40 tons of iron rods but the Defendant failed to honour his part of the bargain, such that at the commencement of this action, 3235 bags of cement and 12 tons of iron rods were outstanding. In addition, the Plaintiff alleged that he paid a further GH¢24,500.00 to the creditors of the Defendant, B5 Plus Ltd, on his instructions to prevent the said company from retrieving its iron rods which the Defendant had supplied to the Plaintiff. A further sum of Gh¢5,131.00 is also being claimed as monies due and owing to the Plaintiff. The Plaintiff stated again that the Defendant issued a post dated cheque of GH¢130,000.00 to him as a sign of his commitment to supply these items. Following the Defendant's persistent default, he was arrested by the police. He gave an undertaking to honour his obligations to the Plaintiff within a stated period and then secured the payment with his property numbered Plot No. 1A Block B, Apaaso, Kumasi.
The Defendant did not deny receiving a total sum of Gh¢108,000.00 from the Plaintiff for the supply of 5000 bags of cement and 40 tons of iron rods. He also admitted that the Plaintiff paid an amount of GH¢24,500.00 to B5 Plus Ltd on his behalf as averred by the Plaintiff and did not also dispute an amount GH¢5,131.00 representing supplies made to him by the Plaintiff. He further admitted that not all the items have been supplied to the Plaintiff . The difference is in the quantities to be supplied. Whereas the Plaintiff put the cement left to be supplied at 3, 235 bags, the Defendant put the figure at 3050, but admitted the 12 tons of iron rods. Other admissions made by the Plaintiff are his undertaking in writing to satisfy his obligations to the Plaintiff and the giving of his property as security for the repayment of the Plaintiff's money. However, he denied ever issuing a cheque of GH¢130,000,00 to the Plaintiff against the items to be supplied to him.
The pre-trial judge set down five for trial, namely:
Whether or not the Defendant issued a cheque of One Hundred and Thirty Thousand Ghana Cedi (GH¢130,000.00) in favour of the Plaintiff as guarantee for part payment of the sums advanced o the Defendant by the Plaintiff?
Whether or not the Defendant has faile