NEWMAN OFORI BOADU v. RICHMOND ASUAKO alias SEBO

On the 9th of March, 2023 Plaintiff commenced this action against Defendant seeking the following reliefs:

1. Recovery of cash the sum of thirty-one thousand one hundred and thirty-eight Cedis (GHc31,138), being total cost of cement Defendant took from the Plaintiff’s store but failed to pay on persistent demands.

2. Costs.

Defendant pleaded liable with explanation.

The summary of subject matter of claim are that, around November, 2022 Defendant went and took a quantity of cement bags from Plaintiff’s store and supplied same to his customers without the consent of Plaintiff.

Plaintiff says that after the negotiation, Defendant accepted and agreed to pay a total sum of GHc20,138 together with interest of GHc11,000 to Plaintiff on or before 28th of February,

Plaintiff says that on persistent demands, Defendant had failed or refused to pay the said amount hence this action.

Now when Defendant gave his explanation, he was complaining about the GHc11,000 as interest which Plaintiff had added to his debt of GHc20,138 saying that it is unlawful for which reason he had not paid the said sum.

Defendant had so far paid GHc6,000 out of the total sum into Court.

Defendant owed GHc20,138 which is 378 bags of cement at various prices because the prices kept changing during these hard economic times.

The current price of a bag of cement on the market is GHc87

Therefore, the total indebtedness of Defendant is GHc87 x 378 = GHcGHc32,886

He had paid GHc6,000 into Court leaving an unpaid balance of GHc26,886

I hereby enter judgment in favor of Plaintiff against Defendant in the sum of GHc26,886

Defendant is ordered to pay interest on the said sum of GHc32,886 from December, 2022 to the final date of payment.

Costs of GHc500 awarded against Defendant for Plaintiff

All payments are to be made into Court immediately.

H/W Ken. Okyere-Aboagye

(District Magistrate).