OLAM (GHANA) LIMITED VS OTHELIA AGBEKO

This High Court commercial debt action arises from a revolving-credit sales relationship for flour between a Ghanaian limited liability company (identified in testimony as Olam) and Rosina Otayko of Otayko Enterprise. The plaintiff sued to recover GHS 41,840.21 outstanding as at 14 November 2013, interest, and costs. Otayko admitted receiving goods but contested the amount, alleging a GHS 9,000 UBA deposit not credited, entitlement to a GHS 2 per bag transport allowance (instead of GHS 1), a distributorship agreement, an erroneous charge of 600 bags, unpaid quantity purchase discount of GHS 5,000 for August 2013, and GHS 500,000 for loss of business due to alleged territorial trespass. Applying the Evidence Acts standards, the court found the GHS 9,000 deposit inadequately reflected in the plaintiffs account and resolved that in the defendants favor, but otherwise preferred the plaintiffs corrected records and held the defendant failed to prove authorization for higher transport, any distributorship agreement, special damages, or additional QPD. Judgment entered for GHS 41,840.21 less GHS 9,000, with interest and costs; the counterclaim was dismissed.