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April 25, 2023
DISTRICT COURT
GHANA
CORAM
J U D G E M E N T
The Plaintiff commence this action against the defendant for the
following.
1. Recovery of GHC1,800.00 being the cost of one (1) drum of akpeteshie that
defendant took and promise to pay but failed since the year 2015.
2. Costs of litigation.
The Plaintiff’s case, per his witness statement is that he distils and sells
akpeteshie and in the year 2015 the defendant engaged him to distil and
supply her with one (1) drum of Akpeteshie at the cost of GHC1,500.00.
He therefore contracted a bank loan which he used to distil the one (1)
drum of akpeteshie and supplied same to the defendant who deposited
GHC20.00 with the promise to pay the remaining amount of GHC1,480.00
after the sale of same. He added that the defendant failed to pay the
money until ending of the year 2021 when she came to the Plaintiff in the
company of her church Pastors to apologise for her failure to honour her
promise. The defendant then proposed to pay GHC1,800.00 as payment to
cover the remaining balance GHC1,480.00 and compensation in respect of
the delay in payment. She then made on initial deposit of GHC200.00
and promised to pay the remaining GHc1,600.00 later. He concluded that
it is well over 3 months now since the promise and after persistent
demand the defendant refused to pay the money hence the instant action.
In the witness statement of PW1, Faustina Darkey who is a prophetess and
the wife of the Plaintiff, she stated that the defendant told the Plaintiff that
she was taking the drum of akpeteshie on behalf of her sister. She added
that since she knows the defendant’s family very well, she convinced the
Plaintiff to grant the defendant’s request and the drum of akpeteshie was
given to the defendant in her presence. She then told the defendant not to
disappoint her (PW1). On account of her (PW1’s) intervention and upon
that the defendant stated that she (defendant) would be responsible for
the payment. PW1 then corroborated the Plaintiff’s evidence regarding the
defendant’s apology and proposal of GHC1,800.00 and initial payment of
GHC200.00. She concluded that the defendant failed to pay the remaining
amount despite several demands by the Plaintiff.
In opening her defence, the defendant per her witness statement stated
that she introduced one Maku Batsa to the Plaintiff for a business
transaction involving the purchase of akpeteshie which the said Batsa
bought on credit in the year 2015. She added that in March 2021 the
P
AI Generated Summary
In this District Magistrate Court case before His Worship Michael Derek Ocloo, a dispute arose from a 2015 credit sale of a drum of akpeteshie. The plaintiff, an akpeteshie distiller, supplied the drum to the defendant for GHC1,500 on credit after she requested it on behalf of her sister, Maku Batsa, paying GHC20 upfront and promising the remainder. Years later, accompanied by church pastors, the defendant apologized and proposed paying GHC1,800 to reflect price and delay, making a GHC200 payment but failing to complete GHC1,600. The defendant argued she merely introduced Batsa, who accepted liability in a church arbitration and made small installments. Applying burden-of-proof rules, acceptance by conduct, and the enforceability of oral contracts, the court found the defendant contracted and breached by nonpayment. Judgment was entered for recovery of GHC1,600 plus costs of GHC500.