[2015]DLHC3553April 16, 2015High Court

MOHAMMED SALEH MROUE vs. EMMANUEL ADJETEY.

The business transaction between the parties herein which was initiated by the Defendant did not end on a good note. It is the Plaintiff's case that he paid a total sum of GH¢108,000.00 to the Defendant in two installments for the supply of 5,000 bags of cement and 40 tons of iron rods but the Defendant failed to honour his part of the bargain, such that at the commencement of this action, 3235 bags of cement and 12 tons of iron rods were outstanding. In addition, the Plaintiff alleged that he paid a further GH¢24,500.00 to the creditors of the Defendant, B5 Plus Ltd, on his instructions to prevent the said company from retrieving its iron rods which the Defendant had supplied to the Plaintiff. A further sum of Gh¢5,131.00 is also being claimed as monies due and owing to the Plaintiff. The Plaintiff stated again that the Defendant issued a post dated cheque of GH¢130,000.00 to him as a sign of his commitment to supply these items. Following the Defendant's persistent default, he wa...