WILL CELLS GHANA LIMITED v. KAMBONSE GHANA LIMITED
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, acting on behalf of C.D.P.D. of Lome, Togo, filed a lawsuit against the Defendant for failing to deliver Rosewood Timber as per their agreement and sought a refund and interest on advance payments made. The court had to determine if the Plaintiff was an authorized agent of C.D.P.D., if payments were made to the Defendant on behalf of C.D.P.D., and if the Defendant was liable for the claimed amounts. The court concluded that the Plaintiff was indeed the agent and that all payments made by the Plaintiff were in the capacity of an agent. It also found that the Defendant owed the claimed amounts and that payment would discharge any further liability. The ruling was based on evidence, including documented transactions and reconciliations, and cited previous case law and statutory requirements for authentications and agent actions without needing endorsement on writs.
JUDGMENT
On 30/05/2013, The Plaintiff issued a Writ of Summons against the Defendant for the reliefs as set out below:
(a) A refund of USD 91, 500 and GH¢ 57, 750 respectively being outstanding advance deposits payments made to the Defendant by the Plaintiff for the supply per month of 20 Footer containers of ROSEWOOD TIMBER which the Defendant has refused to pay despite repeated demands.
(b) Interest at the prevailing Bank rate on the said outstanding deposits of USD 91, 500 and GH¢57,
750from June 2012 till date of final payment.
(c) Such further orders or order as the court may deem fit.
In its statement of claim, the Plaintiff averred that it is a company registered under the Laws of Ghana and that it is the representative/agent of Messrs C.D.P.D. of Lome, Togo and that this action is brought at the instance of the said C.D.P.D. of Lome Togo. It is the Plaintiff's case that per an agreement between the parties dated January 2012, the Plaintiff agreed to purchase per month 30 footer containers of Rosewood Timber from the Defendant at an agreed price of USD 4, 500 per container. In furtherance of this agreement, the Plaintiff, at the request of the defendant made deposit payments totaling USD 163,500 and GH¢ 57, 750.00 to the Defendant. The Defendant supplied part of the timber and has since June, 2012, stopped the supplies. Therefore, the Plaintiff is claiming a refund of the balances of USD 91, 500 and GH¢ 57, 750.00 from the Defendant.
The Defendant challenged the Plaintiff's capacity to mount this action in the manner in which same has been done. The Defendant in its statement of defence averred that it had never transacted any business whatsoever with the Plaintiff company and has not been notified whether officially or otherwise of any agency /representative capacity of Messrs . C.D.P.D. of Lome. Togo in Ghana. The Defendant admitted that C.D.P.D. of Lome Togo agreed to purchase per month 30 footer containers of Rosewood Timber from the Defendant at an agreed price of USD 4,500.00 per container and deposits were made to that effect. The Defendant further averred that C.D.P.D. of Lome, Togo, refused to pay the T.I.D.D. on shipments made contrary to the agreement and that the Defendant had to pay for the same at GH¢ 550.00 per container. It is the Defendant's case that the Plaintiff's actions and inactions has caused it heavy financial loss and unwarranted inconvenience in the normal course of business. The Defendant company denied owing the m