[2019]DLHC9094December 5, 2019High Court

ABZ KLAGS LIMITED vs. FLORENCE ATIA

From the Plaintiff’s Statement of Claim and pleadings, the following material facts can be ascertained. The Plaintiff is a limited liability company registered under the laws of Ghana and deals in frozen foods whiles the Defendant is a dealer in frozen foods and trades under the business name of Nashat Enterprise, a cold store in Kumasi. It is the Plaintiff’s claim per its amended Statement of Claim that it offered credit facilities to the Defendant in the purchase of frozen poultry products based on their long-standing customer relations under a sale and purchase agreement. These facilities were evidenced by invoices issued to the Defendant whiles the Defendant in turn gave post-dated cheques to cover the cost of the products purchased. Unfortunately, Defendant abused the facilities in breach of the sale and purchase agreement which culminated in the Defendant becoming indebted to the Plaintiff in huge amounts and has since not been able to offset the obligations under those pos...