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JUDGMENT
This is an action for the recovery of ten bags of dried cocoa beans or its monetary
equivalent of GHc8,000. The case of the plaintiff who describes himself as a cocoa
purchasing clerk, is that on 10th October, 2021, he entered in to an oral agreement with
the defendant for the latter to supply him with ten bags of dried cocoa beans. The plaintiff
avers that pursuant to the agreement, he gave the defendant GHc8000 to buy ten bags of
cocoa beans for him. The defendant has since failed or refused to buy the cocoa for him.
The plaintiff avers that the defendant has also refused to return or refund the GHc8000
to him despite repeated demands.
The defendant was duly served with the writ and hearing notices but he declined the
invitation to come and defend himself. A principle of law is that when a party is given
the opportunity to lead evidence in support of his stand or in defence of allegations
against him but he deliberately declines to avail himself of that opportunity, the court
will be entitled to proceed with the trial to conclusion and make deductions, draw
conclusions or make findings on the basis of the evidence adduced at the trial, see In Re
West Coast Dyeing Industry Limited, Adams vrs. Tandoh [1984-86] 2 GLR 561. Also, see
Republic vrs. High Court Accra, Ex parte Akita, civil motion JS/7/2010 dated 17/02/2010.
In the instant case, I will accordingly make deductions, draw conclusions or make
findings on the basis of the evidence adduced on the record.
After carefully examining the plaintiff’s pleadings and evidence, I am of the considered
opinion that the central issues for determination are:
- Whether or not the plaintiff gave the defendant GHc8,000 pursuant to an oral
contract to buy cocoa beans for him and
- Whether or not defendant failed to buy the cocoa beans and also failed to return
or refund plaintiff’s money to him despite repeated demands.
Before I determine the issues, I will briefly touch on the burden of proof. The law is
settled that it is the duty of the plaintiff to prove his or her case for he who alleges must
prove. In other words, it is the party who raises an issue essential to the success of his
case who assumes the burden of proving such issue. The burden of proof is statutorily
defined in sections 10 (1) and (2), 11 (1) and (4) and 12 (1) and (2) of the Evidence Act,
1975 (Act 323). The burden of proof in civil cases has been explained in Adwubens Vrs.
Domfeh [1996-97] 1 SCGLR 660. In the i