PEARLANE PHARMACY LTD. v. TOASE MEDICAL CENTER

DOMAKYAAREH (MRS), JA:

[1] This is an appeal against the judgment of the High Court (Commercial Division), Prempeh Assembly Hall, Kumasi dated 27th March, 2018. On the said date the Trial Court entered judgment in favour of the Plaintiff/Respondent herein for the sum of Forty-four thousand two hundred and fifty-four Ghana Cedis and fifty pesewas (Gh¢44,254.50) and also costs of Twelve thousand Ghana Cedis (GHȼ12,000.00).

[2] The facts giving rise to this case are that the Plaintiff/Respondent herein per its Writ of Summons and Statement of Claim filed on 22nd June, 2015, averred that it has an agreement with the Defendant/Appellant herein whereby it supplies the latter with various pharmaceutical products and the latter pays for same in full 90 days after the supply. The Plaintiff/Respondent will herein after be called the Respondent whiles the Defendant/Appellant will be called the Appellant. The Respondent averred that in 2010, 2011, 2012, 2013 and 2014 it sold pharmaceutical goods to the Appellant totalling Ghȼ58,480.00 and that despite repeated demands made on the Appellant, it failed to liquidate all its indebtedness to the Respondent. The Respondent further averred that the Appellant caused a Consultant it had employed to deal with the Respondent concerning the Appellant’s indebtedness to it and through various communication, the Appellant’s Consultant promised that the Appellant was going to settle its indebtedness in due course and that through their meetings and further communication the Consultant informed the Respondent’s Managing Director that the Appellant had a few administrative and audit challenges and that the Appellant would pay after the challenges had been solved. The Respondent averred that despite the promises made by the Appellant and also through its Consultant, the Appellant had as at the date of the issue of the Writ, failed to settle its indebtedness to the Respondent and would not do so unless compelled by the order of the Honourable Trial Court.

[3] The Respondent therefore filed the Writ on 22nd June, 2015 claiming seven reliefs against the Appellant namely: -

(a) Recovery of the amount of GHȼ 58, 480.00 being the balance of the total cost of goods supplied to the Appellant by the Respondent from 2010 to 2014 as follows:

(i) An amount of GHȼ 2,330.00 in the year 2010

(ii) An amount of GHȼ 3,955.00 for the year 2011

(iii) An amount of GHȼ 22,484.00 for the year 2012

(iv) An amount of GHȼ 13,487.00 for the year 201