SYNDICATED CAPITAL LTD vs. UNITY RURAL BANK LTD AND CEPHAS QUARSHIE

A. INTRODUCTION 1. The parties have presented to me for resolution by the use of the techniques of substantive and procedural law, a dispute that arose from a contract by which plaintiff supplied electronic goods to the 2nd defendant on credit, with a bank guarantee (guaranty) by the 1st defendant to pay the value of the goods to plaintiff, should 2nd defendant fail or be unable to pay for the said goods. 2. It is common cause that 2nd defendant has managed to pay only a fraction of the value of the goods supplied him. He sought to raise doubt as to how much he has paid and how much was left to be paid, but the evidence established the outstanding debt to be clear and unambiguous. The issues raised for my determination includes: a. the effect of a claim by a plaintiff for a higher sum when a lower sum is proved at the trial; b. whether or not interest onan established sum must be forgone because the plaintiff had claimed a higher sum which remained unproved; c. whether or not...