TEYE EMMANUEL MENSAH v. ABRAHAM DADSON

JUDGMENT

FACTS

The plaintiff caused a writ of summons to issue against the defendant on 19th

July, 2013, claiming against the defendant the following reliefs;

a. An order for the recovery of an amount of GH₵6,208.90 meant for the

aluminum disc material.

b. Interest on the said amount at the current bank rate till date of final

judgment.

c. Costs.

The defendant entered appearance and filed a defence on 27th August 2013,

and counterclaimed against the plaintiff as follows:

1. Recovery of the outstanding balance of GH₵6,328.1 after set off.2

2. Interest from 14th June 2013 till date of final payment.

3. Costs including legal fees

4. Any further order which the Honourable Court may deem fit.

THE PLAINTIFF’S CASE

The plaintiff’s case is that in April, 2013, the defendant requested for the

supply of aluminium disc material weighing 888kg at the cost of

GH₵8,808.90. Pursuant to that, on 30th April 2013, the defendant made a partpayment of GH₵2,600 to enable the plaintiff to supply the goods with a

promise to pay the outstanding balance at the end of the month. The plaintiff

further claims that after keeping the goods for about three months, the

defendant refused to pay the outstanding balance claiming that he was no

longer interested in the goods. According to him, when the defendant

breached their agreement on the payment schedule, he refused to accept an

amount of GH₵3,000 proposed payment by the defendant and all efforts

made by him to get the defendant to pay the outstanding balance have

proved futile. According to him, the defendant asked one Haabada to collect

the goods from his shop for safe keeping as a sign of good faith but the

defendant reported him to the police and the police advised the defendant to

pay his debt and take his goods but he failed to do so as a result of which the

plaintiff sued for the reliefs endorsed on the writs of summons.

THE DEFENDANT’S CASE

The defendant also avers that sometime in March, 2013, one Mr. Habada

introduced the Plaintiff to him as a retiree interested in investing in the

defendant’s business. Subsequent to that, on 30th April, 2013, he had an oral

agreement with the plaintiff to supply him with 888kg aluminum discs3

through the said Mr. Habada. The defendant states that he paid an amount of

GH₵2,600 in two installments. First, he made a part-payment of GH₵800 on

the day Mr. Habada brought the goods and made a further payment of

GH₵1800 in three days’ time and a document wa