[2018]DLHC10145 • October 9, 2018 • High Court
STALLION INDUSTRIES & INV. LTD vs. MILLICENT TIWAA AND STALLION INDUSTRIES & INV. LTD vs. ESTHER ZANOO
1.0 Background 1.1 The judgment relates to two suits that the plaintiff commenced separately against the defendants. Upon application during the case management conference, the two suits were consolidated for trial. 1.2 Plaintiff is a company that deals in wholesale supply of food items. Defendants are customers of plaintiff. On grounds of alleged breach of payment terms of goods supplied on credit arising from post-dated cheques that defendants issued, which upon presentation were returned and unpaid, plaintiff by writ of summons on 10 June 2016 commenced the two suits separately against defendants for recovery of the unpaid balances on the supplied goods. 1.3 Plaintiff’s claim against Millicent Tiwaah (MT) is for recovery of GH¢225,145, whilst the suit against Esther Zanoo (EZ) is for recovery of GH¢249,642 being unpaid goods plaintiff supplied on credit, for which payment by postdated cheques were returned unpaid. Except for the differing sum amounts in the suits, plain...