RASHIDA ABDULAI v. ALHASSAN RUHAIMA

JUDGMENT

INTRODUCTION

1. This judgment relates to contract, recovery of money.

2. The parties herein are businesswomen who trade in non-alcoholic drinks and water.

Both are resident in Tamale. On 19

th January, 2023 the plaintiff took out this action

against the defendant for the following reliefs:

“a. An order for the recovery of GHS14,500.00 being amount due and owing

by defendant when she bought non-alcoholic drinks and purified water

from plaintiff since April 2021 but refused, failed or neglected to pay in spite

of continuous demands.

b. Interest on the said sum at the prevailing commercial bank rate from April

2021 till date of judgment.

c. Costs.”

3. The defendant on 2

nd February, 2023 pleaded liable-in-part to plaintiff’s claim.

Defendant indicated that the debt rather stood at GHS4,051.00. This court then

granted plaintiff judgment on admission for the recovery of GHS4,051.00 and the

outstanding amount of GHS10,449.00 to be determined at trial. Parties were,

therefore, ordered to file their respective witness statements in respect of the

outstanding debt. The case of either party is detailed below.

PLAINTIFF’S CASE

4. Plaintiff’s case is that in April 2021, the defendant approached her for a credit sale. As

a result, she gave defendant goods worth GHS40,600.00 which defendant was

expected to pay within two weeks. Plaintiff contended that parties agreed to isolate

and destroy in the presence of each other invoices as and when defendant pays for

any invoice. She added defendant failed to pay for the goods as agreed, but resorted

to instalment payments to which as at July 2022, only GHS26,100.00 had been paid

leaving the balance of GHS14,500.00. Hence, this present action.

5. In support of her claim, plaintiff tendered in evidence:

Exhibit A1-A12 – Copies of Invoices for supply of goods.

Exhibit B – An extract of Plaintiff’s Sales Record Book.

DEFENDANT’S CASE

6. In her evidence-in-chief, defendant contended that the debt as at the time plaintiff

filed this case stood at GHS4,051.00. According to her, she took goods from the

plaintiff on credit worth the GHS40,600.00 with the agreement that on payment the

invoices will be destroyed/torn. She added that if a payment was made and it can

cater for one invoice and half of another, then plaintiff would tear the fully paid one

and the half payment would be written on the yet to be paid invoice. She averred that

as at 9th April, 2022 plaintiff had taken money fo