POLY KRAFT (GH) LIMITED TEMA vs SUNRIDGE CO. LTD. DODOWA
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a company registered in Ghana, supplied cardboards on credit to the Defendant, another Ghanaian company, under an oral agreement stipulating 30-day payment terms. The Defendant partly paid but left a balance of GH¢30,556.97, which remained unpaid despite demands. Although the Defendant initially appeared in court, its defense was struck out due to procedural non-compliance, and it did not contest the trial. The court, applying principles of the burden of proof, standard of proof, and contract law, found in favor of the Plaintiff for the amount owed plus interest and awarded costs against the Defendant.
The Plaintiff is a limited liability company duly registered under the laws of the Republic of Ghana for the purpose of selling or supplying cardboards.
The Defendant is also a limited liability company registered under the laws of the Republic of Ghana and deals in the bottling and boxing of Safina Mineral Water.
In the Plaintiff’s statement of claim, the Plaintiff claims against the Defendant the following reliefs:
“a. The payment of the sum of GH¢30, 556. 97 being the outstanding balance owed the Plaintiff as at 31st August, 2013.
b. Interest on the above sum at the prevailing bank rate from September, 2013 till date of final payment.
c. Cost. ”
The material facts which gave rise to the matter before me are as follows.
The Plaintiff avers that between the period of January 15, 2013 and August 31, 2013, it agreed to sell and/or to supply to the Defendant company cardboards on credit basis based on an oral agreement it had with the defendant company.
Per the terms of this oral agreement, the defendant was afforded thirty (30)days to make payment on every invoice raised.
The Plaintiff avers further that the Defendant company made some payments leaving an outstanding balance of Thirty Thousand, Five Hundred and Fifty-Six Ghana Cedis and Ninety Pesewas (GH¢30, 556. 97) as at 1st September, 2013. It is the claim of the Plaintiff that the Defendant has failed or neglected to pay the balance outstanding in the sum of Thirty Thousand, Five Hundred and Fifty-Six Ghana Cedis and Ninety Pesewas (GH¢30, 556. 97) in spite of repeated demands made on it to pay same.
A review of the record indicates that on February 25, 2015, the Defendant entered appearance through its solicitor, Lamtiig Apanga, Esq of Gyandoh Asmah & Co who filed a statement of defence in the behalf of the Defendant on April 16, 2016. The following issues were set down for trial after pre-trial settlement failed:
1. Whether or not the Plaintiff supplied the Defendant Company with cardboard between January 15, 2013 and August 31, 2013.
2. Whether or not the Defendant had thirty (30) days to make payments on every invoice raised.
3. Whether or not the Defendant company did not owe the Plaintiff Company GH¢30, 556. 97 as at 31st September, 2013.
4. Whether or not the Plaintiff Company is entitled to its claims. After pre-trial, the case was referred to this Court for the conduct of the trial.
It is noted, that the Defendant never appeared in court to contest the trial notwithstanding