OLAM (GHANA) LIMITED VS OTHELIA AGBEKO
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE- AGYEI J. (MRS.)
Areas of Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sued Defendant for an unpaid balance of GHS 41,840.21 for flour supplied. Defendant counterclaimed for damages and other reliefs. The court evaluated evidence, including account statements and testimonies, and found that Defendant owed Plaintiff GHS 41,840.21, less GHS 9,000. The court dismissed Defendant's counterclaims due to insufficient evidence.
The Plaintiff on 6th February, 2014 sued the Defendant for the following reliefs as endorsed on its Writ of Summons; a. The payment of the sum of GHS 41, 840. 21 being the outstanding balance owed the Plaintiff for the goods purchased as at 14th November, 2014. b. Interest on the above sum of GHS 41, 840. 21 at the prevailing bank rate from 15th November, 2014 till date of final payment.
c. Costs.
d. Any other remedy as the Court may consider fit to order.
On the 21st May, 2014, the Defendant filed a Statement of Defence and Counterclaimed for the following reliefs as well; a. Recovery of GHC 1, 415. 83 being the money the Plaintiff is supposed to pay the Defendant.
b. Recovery of GHC 5000. 00 being the unpaid commission of Quantity Discount (the Plaintiff has not paid to the Defendant for the month of August, 2013. c. Recovery of GHC 500, 000. 00 being the loss of business as a result of the Plaintiff’s unlawful takeover of the Defendant’s distribution territory.
On 12th June, 2014, Plaintiff filed a Reply and Defence to the Counterclaim of Defendant.
The issues by the Pre-trial judge after an unsuccessful attempt at settlement were also as follows: 1. Whether or not the Defendant owes the Plaintiff the sum of Ghc 41, 840. 21. 2. Whether or not the Plaintiff authorized the Defendant to use her own vehicle to deliver the goods to the Volta Region at a cost of Ghc 2. 00 per 50 kg of flour but instead paid the Defendant Ghc 1. 00 per 50 kg of flour.
3. Whether or not the Plaintiff has a distributorship agreement with the Defendant.
4. Whether or not the Plaintiff inflated the actual quantity of goods which it supplied to the Defendant.
5. Whether or not the Plaintiff is entitled to its reliefs.
6. Whether or not the Defendant is entitled to her counterclaim.
On the 29th December, 2014, pursuant to leave granted on 18th December, 2014, Plaintiff Amended the reliefs on the Writ of Summons and Statement of Claim to change the year of claim from 2014 to 2013 thus the new reliefs claimed became as follows; a. The payment of the sum of GHS 41, 840. 21 being the outstanding balance owed the Plaintiff for the goods purchased as at 14th November, 2013. b. Interest on the above sum of GHS 41, 840. 21 at the prevailing bank rate from 15th November, 2013 till date of final payment.
c. Costs.
d. Any other remedy as the Court may consider fit to order.
Defendant also filed an Amended Statement of Defence and Counterclaim on 24th November, 2015 and repeat