Nationwide Finance Services v. Zibimrana Enterprise and Getma Ghana Ltd and Imexco Ghana Ltd

The Plaintiff’s claim against the Defendants jointly and severally was for: (i) An order directed at the Defendants to unconditionally release the agreed quantity of sugar or in the alternative refund the sum of GH¢75, 000. 00 to the Plaintiff.

ii) Interest at the commercial rate from 24th July 2011 to date of final payment.

It was the Plaintiffs’ case that they had entered into a contract with theDefendants for the supply of sugar.

Though they had fully paid for the sugar, same was never supplied hence the instant suit.

There is no record of the 2nd Defendant ever having been served with the writ.

The 1st Defendant was served and defended the suit on its own.

According to the 1st Defendant, they were shipping agents operating at the portsof Ghana.

They stated further that they acted as shipping and cargo agents for the vessel “Necati Kalkaram” which berthed at the Tema Port on 10th April 2011 with a consignment of 151, 470 bags of sugar.

They contended that the sugar was originally consigned to the 2nd Defendant butwas transferred to a customs bonded warehouse No. T266 located at the TemaHarbour Commercial Area.

Due to 2nd Defendant’s failure to evacuate the sugarfrom the bonded warehouse the suppliers of the sugar contracted the 1stDefendant to find prospective buyers for the product.

According to the Defence, it was contacted by one Hilaire Wletou acting on behalfof Cigale Finance SA of Niamey, Niger which expressed its desire to purchase thesugar.

It therefore made a deposit of US$100, 000 and GH¢120, 000 for the sugarand loaded 19, 820 bags.

Out of this quantity 1000 bags were supplied to thePlaintiff on the instructions of Cigale Finance SA.

Aside of this, the 1st Defendantmaintained that it did not know the Plaintiffs and had never entered into anyagreement with them for the supply of sugar.

The 1st Defendant also stated that it had lodged a complaint with the police againstAlhaji Ibrahim Abubakar who represented himself as being the Chief ExecutiveOfficer of Cigale Finance SA.

Hilaire Wletou and Cigale Finance SA for failing tomake full payment for the sugar supplied to them.

Out of this complaint, HilaireWletou had been arrested and arraigned before court.

The issues set down for trial are: 1. Whether or not the 2nd Plaintiff is a legal person capable of suing and being sued? 2. Whether or not the 1st Defendant had any transactions with the Plaintiff? 3. Whether or not the Plaintiffs are entitled to their claim? Neither party led