RAMIA v. CHIAVELLI AND ANOTHER

The plaintiff brought this action against the defendants claiming the sum of N¢134,000.00 plus interest as money received by the defendants for the plaintiff's use. According to the plaintiff's statement of claim, he paid to the defendants at the request of the first defendant the sum of N¢150,000.00 against the supply of goods to be imported into Ghana in the name of the second defendant company. The defendants supplied no goods except some paints to the tune of N¢10,000.00 which were unsaleable in Ghana. It is not clear from the pleadings whether account is taken by the plaintiff of this supply of paint. What is clear though is that the plaintiff's claim is for the N¢150,000.00 alleged to have been given less an amount of N¢16,000.00 which is described as "amount received." Whether the receipt was in cash or kind is left unsaid.

The defendants entered an appearance to the plaintiff's writ. Thereafter the plaintiff applied to the court for final judgment under Order 14 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (LN 140A). The first defendant filed an affidavit in opposition. In this he made no denial of the plaintiff's basic claim that they had been paid money for goods the bulk of which had not been delivered. He claimed on his own behalf and on behalf of the second defendant company of which he was the local manager, to have a valid defence to the action. But from what I can gather from the affidavit this defence is founded on an account which the first defendant said the second defendant had with the plaintiff. The first defendant himself disclaimed personal liability on the ground that he contracted with the plaintiff in his capacity as the local manager of the second defendants. The transaction between the parties, the first defendant said, mainly took place in Modena in Italy where all the account books relating to the transaction were. He had, since the writ was served on him, cabled for them to enable him to file his defence.

At the hearing of the summons for judgment, learned counsel for the defendants said that he was not in the position to oppose part of the plaintiff's claim which amounted to N¢58,000.00. Judgment was given to the plaintiff for that sum. As to the remainder of the claim, both counsel were agreed that the amount to be paid depended upon the interpretation of a document which, then being in the Italian language, required translation. The question as to that portion of the claim was therefore adjourned pending