SHALINA HEALTHCARE GHANA LIMITED vs BBS PHARMACY
October 12, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
- Commercial Law
October 12, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Presided over by HER LADYSHIP JANE HARRIET AKWELEY QUAYE (MRS.), the Ghana High Court resolved a commercial dispute between a pharmaceutical supplier and BBS Pharmacy arising from a 2014–2015 credit sales relationship. The supplier claimed GHC153,421.59 for products delivered with invoices allegedly payable within thirty days; BBS Pharmacy disputed the amount and credit term, cited its ledger, and alleged both product returns worth GHC40,467.76 and cash payments totaling GHC30,000. The Court appointed independent auditor Kobina Obu Danquah–Smith of D‑Smith Consult, who reconciled the parties’ records and fixed BBS Pharmacy’s indebtedness at GHC92,975.97. Applying rules on admissions and the civil burden of proof, the Court accepted that supplies occurred, found the returns and cash payments unproven, and held BBS Pharmacy in breach. The Court awarded interest from 26 March 2015, general damages of GHC20,000, and costs of GHC20,000, entering judgment for the supplier.
By an amended Writ and Statement of Claim filed in the Registry of this Court on the 28th of October, 2020, the Plaintiff claims against the Defendant the following reliefs:
a. Payment of the sum of One Hundred and Fifty-Three Thousand Four Hundred and Twenty-One Cedis Fifty-Nine Pesewas (GHC153,421.59)
b. Interest at the prevailing commercial bank rate from the 26th March, 2015 until the date of final payment.
c. General damages for breach of contract.
d. Cost, inclusive of legal fees and such orders as the Honourable Court may deem fit.
The Case of Plaintiff
The Plaintiff claims that it has supplied the Defendant, pharmaceutical products over a period under the terms of an Agreement, which obligated the Defendant to settle all invoices within thirty (30) days of the receipt of the products. Such effective dates being the 8th and 25th March 2015 respectively. That the total value of products supplied to the Defendant was One Hundred and Fifty-Three Four Hundred and Twenty-One Cedis Fifty Nine Pesewas (GHC153,421.59) of the products supplied and none is known to have been returned.
According to the Plaintiff, the Defendant as at date has made no payment leaving an outstanding sum of One Hundred and Fifty-Three Thousand Four Hundred and Twenty-One Cedis Fifty-Nine Pesewas (GHC153,421.59) reflecting an outstanding amount in the books of the Plaintiff against the Defendant.
The Plaintiff asserts that as a consequence of the breach of the terms of the agreement by the Defendant, the Plaintiff has suffered financial loss, consequently having a detrimental effect on its day to day operations.
Plaintiff says by reason of the above, the Defendant is truly and justly indebted to it in the sum of One Hundred and Fifty-Three Thousand Four Hundred and Twenty-One Cedis Fifty-Nine pesewas (GHC153,421.59), plus accrued interest at the prevailing interest and all associated legal cost and would not pay the debt until it is compelled to do so.
The case of Defendant
On the 7th day of March 2019, the Defendant filed their defence but did not amend same. The Defendant denied each and every averment set out in Plaintiff’s Statement of Claim. It is the case of the Defendant that it entered into a credit sales agreement with Plaintiff in 2014. Under the said agreement, Plaintiff was to supply Defendant with an agreed quantity of pharmaceutical products periodically on credit terms at a stated value. That under the terms of agreement, Defendant was obligated to settle