Moses Dogbey v. Faustina Adu Brema and Anor

By his Amended Writ of Summons dated 24th January 2014, the Plaintiff claimedagainst the Defendants the sum of GH¢32, 150 being the balance outstanding ongoods i. e. polyester materials supplied to the Defendants on credit together withinterest and costs.

The 1st Defendant in her defence denied the Plaintiff’s claim stating that she hadno business dealings with him.

According to the 1st Defendant, the Plaintiff haddealings with the 2nd Defendant who happened to be her employee without herknowledge and consent.

It was her contention that the 2nd Defendant only approached her and asked forstorage space in her warehouse for Plaintiff’s goods.

Aside of that, she knewnothing about the goods and therefore was not liable to pay for them.

Any moneyowed to him should be paid for by the 2nd Defendant.

The 2nd Defendant in her Defence denied being indebted to the Plaintiff assertingthat it was rather the 1st Defendant who was indebted to the Plaintiff.

The issues forwarded from the pretrial judge to the trial judge were as follows: 1. Whether or not the 2nd Defendant is the one who owes the Plaintiff GH¢32, 150. 00? 2. Whether or not the 1st Defendant takes part of the Sales Money from the 2nd Defendant to purchase some of the polyester materials? 3. Whether or not some of the materials were not of accurate length, others were damaged and this created a shortage to the 1st Defendant? 4. Whether or not the 2nd Defendant pays all the sales money she receives from customers to the 1st Defendant? 5. Any other issues disclosed on the pleadings? Other issues were filed which were: a. Whether or not the Plaintiff had an arrangement with the 1st Defendant to supply her with materials? b. Whether or not the 1st Defendant is indebted to the Plaintiff for the amount endorsed on the writ of summons? c. Whether or not the 1st Defendant paid any money to the Plaintiff as part payment for the materials delivered? d. Whether or not the 2nd Defendant dealt with the Plaintiff for the supply of materials with the express permission of the 1st Defendant? e. Whether or not the 2nd Defendant made part-payment of the sum of GH¢48, 000. 00 for the materials supplied to the Plaintiff without the consent of the 1st Defendant? f. Whether or not the 2nd Defendant is indebted to the Plaintiff for the reliefs endorsed on the writ of summons? g. Whether or not the 2nd Defendant pays all monies received from sales to the 1st Defendant? h. Any other issues arising from the pleadings? Though C