TIMINIYA TUMA COMPANY LIMITED v. DR. ABU SAKARA AND ERIC APPIAH

JUDGMENT

INTRODUCTION

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

2. The plaintiff is a limited liability company registered under the laws of Ghana with

its principal place of business in Tamale. The 1st defendant is described as a

businessman who resides in Accra but does business in Tamale. The 2nd defendant is

also described as an employee of Savannah Agricultural Research Institute (SARI)

which deals in rice seeds. What links these parties is the sale of rice seeds to which

plaintiff contends that it is owed GHS27,080.00 by the defendants.

3. This case started with a writ against the 1st defendant. However, on 7th November,

2022 when this case was called, 1st defendant pleaded not liable to plaintiff’s claim. 2nd

defendant who was yet to be joined to the suit had written to the court and elected to

pay the amount claimed by the plaintiff company. Parties were, therefore, encouraged

to settle. But they returned that they were unable to settle.

4. Per its amended Writ of Summons filed on 20th December, 2022 the plaintiff company

now seeks against the defendants, jointly and severally, for the following reliefs:

a. Recovery of GHS27,080.00 being the balance outstanding on the principal

sum of GHS121,000.00 defendants owe to plaintiff for the supply of rice

seeds;

b. Interest on the said sum from 16th August, 2019 till date of final payment;

c. Damages for breach of contract; and

d. Any other relief(s) the Honourable Court may deem fit and just.

5. Defendants, on 20th January, 2023, filed their amended Statement of Defence to

plaintiff’s claim. The court, thereafter, ordered parties to file their respective witness

statements. The case of either party is detailed below.

PLAINTIFF’S CASE

6. Pastor Musah Imoro (PW1) a director of the plaintiff company and Mr. Michael

Mawunya (PW2) a research scientist with Savannah Agricultural Research (SARI) of

the Council for Scientific and Industrial Research (CSIR) testified on behalf the

plaintiff.

7. According to plaintiff witnesses, sometime in April 2019, the 1st defendant entered

into a contract with plaintiff company, (plaintiff company acting through PW2), for

the supply of certified rice seeds. PW2 explained that 1st defendant was supplied with

a total of 3,124 mini bags of 40kg certified rice seeds at the cost of GHS374,880.00. Out

of the total seeds supplied, 1009 mini bags (40kg) of certified rice seeds at a total cost

of GHS121,080.00 belonged to the pl