PROMASIDOR GHANA LIMITED vs MADAM ABIGAIL BOEH

The Plaintiff on 20th December, 2018 mounted the instant suit against the Defendant for the following reliefs:

1. The sum of GH¢234, 319. 07 being the balance due from the Defendant to the Plaintiff as at 25th August, 2017 in respect of food products the Plaintiff sold and delivered to the Defendant at the Defendant’s request but which said sum the Defendant has wilfully failed or refused to pay despite repeated demands.

2. Interest on the said sum of GH¢234, 319. 07 at the prevailing bank rate from 1st January, 2017 to date of final payment.

3. Costs.

The gravamen of the Plaintiff’s claim is contained in paragraphs 3 to 10 of the Statement of Claim, a summation of which is as follows:

According to the Plaintiff, on 29th May, 2017, the Plaintiff sold and delivered food products to the Defendant at the Defendant’s request. The supply had a thirty-day credit facility, with the amount payable being GH¢492, 458. 49. The Plaintiff continues that Defendant made a part-payment of the sum of GH¢198, 116. 57, leaving an outstanding balance of GH¢294, 341. 92. The Plaintiff further avers that the Defendant issued three (3) Ecobank cheques with cheque numbers 00079 to 00081 to the tune of GH¢295, 476 to pay the outstanding balance, which cheques were to be presented at a future date, at the request of the Defendant.

According to the Plaintiff, the Defendant earned a commission of GH¢2, 173. 75 for the goods sold to her.

That on 28th July, 2017 and 22nd August, 2017, the Defendant made two part-payments totalling GH¢43, 414, leaving a balance of GH¢248, 754. 17 unpaid.

The Plaintiff further states that on 23rd August, 2017, its internal Audit Department requested the Defendant to confirm her account balance with the Plaintiff, and thereafter issued the Defendant with her Statement of Account.

The Defendant verified this amount and signed the Plaintiff’s Internal Audit Verification Sheet acknowledging her indebtedness as at 22nd August, 2017 to be GH¢248, 754. 17. According to the Plaintiff, subsequently, the Defendant made a cash payment of GH¢5, 000. 00 and requested the Plaintiff to waive the penalty charges on her dishonoured cheques, thereby reducing her indebtedness to GH¢234, 319. 07. The Plaintiff states that the Defendant has failed to liquidate her indebtedness of GH¢234, 319. 07 to it despite repeated demands for same.

The Plaintiff further states that on 21st June, 2018, it caused its lawyer to write to the Defendant to demand payment of the ou