UNIQUE CONCERNS (GH.) LTD vs CECELIA KOUFIE
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE- AGYEI, J (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Commercial Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant to recover GHC1,162,027.07 for supplied frozen fish, interest, and costs. The Defendant initially responded but failed to appear in court. The court struck out the Defendant's defense and ruled in Plaintiff's favor, awarding the claimed amount, interest, and costs. The court relied on the Plaintiff's unchallenged evidence and various legal precedents supporting the validity and enforcement of the claims.
The Plaintiff on 16th June, 2014 sued the Defendant for the following reliefs as endorsed on the Writ of Summons and Statement of Claim; a. The recovery of the sum of One million, One Hundred and Sixty Two Thousand and Twenty Seven Ghana Cedis, Seven Pesewas(GHC1, 162, 027. 07) due and payable to the Plaintiff for the Plaintiff’s sale of imported rice to the Defendant as at 31st May, 2013. b. Interest on the sum of GHC1, 162, 027. 07 at the prevailing bank rate to be calculated from 31st May, 2013 to the date of final payment.
c. Costs.
On 25th June, 2014, the Defendant through Counsel Entered Appearance and on 4th November, 2014, filed a Statement of Defence.
The Plaintiff then filed a Reply on 10th November, 2014. However, on 31st October, 2014, Plaintiff filed an Amended Writ of Summons and Amended Statement of Claim with the same reliefs so claimed, except that the items supplied was changed from imported rice to various quantities of frozen fish.
After an unsuccessful Pre-trial session, the following issues were set down for trial by the Pre-trial Judge; 1. Whether or not in the month of April, 2009 upon the request of Defendant, Plaintiff supplied to her (Defendant) various quantities of its (Plaintiff’s) frozen fish products pursuant to a Purchase and Supply Agreement? 2. Whether or not the total cost of Plaintiff’s frozen fish products supplied to Defendant, if any, as agreed between Plaintiff and Defendant amounted to One Million Two Hundred and Sixty Two Thousand and Twenty Seven Ghana Cedis Seven Pesewas(GHC1, 262, 027. 07) as at January, 2013 3. Whether or not Defendant secured a bank guarantee in her(Defendant’s) favour to cover the supply of Plaintiff’s frozen fish products she (Defendant) received from Plaintiff? 4. Whether or not Defendant took supplies of Plaintiff’s frozen fish products on credit terms and was under obligation to retire the credits upon demand by Plaintiff? 5. Whether or not Defendant at any point in time prior to the initiation of the present suit acknowledged her (Defendant’s) indebtedness of GHC1, 262, 027. 07 to Plaintiff in any way.
6. Whether or not Defendant issued to Plaintiff post-dated cheques to cover her (Defendant’s) entire indebtedness to Plaintiff 7. Whether or not Defendant has paid up any portion of the GHC1, 262. 027. 07 she owes Plaintiff 8. Whether or not Defendant has neglected, failed and or refused to defray her (Defendant’s) indebtedness to Plaintiff under the Purchase and Supply Agreement su