[2025]DLHC18416 • April 16, 2025 • High Court
B5 PLUS LIMITED vs. PALACE INDUSTRIES AFRICA LTD & NEHME BASSEL JEHAD
Plaintiff, a steel products manufacturer and seller, entered into a credit sale agreement with 1st Defendant for supply of steel products on credit. 2nd Defendant gave a personal guarantee for payment. Plaintiff supplied goods between November 2021 and September 2022. 1st Defendant failed to pay an outstanding balance of GHC161,125.00 despite demands. 1st Defendant issued two dishonoured cheques. 1st Defendant contended that 2nd Defendant ceased to be Managing Director in 2020 and that new shareholders settled prior liabilities. Plaintiff denied receiving any notice to cease dealings with 2nd Defendant and relied on 2nd Defendant's authority as director and guarantor.
read moreJUDGMENT INTRODUCTION [1] The Plaintiff, a limited liability company in the business of manufacturing and sale of various steel products and related merchandise, commenced the instant action against the Defendants on 30th May 2023 praying for the following reliefs: a) The Recovery of the sum of GHC161,125.00 (One hundred and sixty-one thousand, one hundred and twenty-five cedis) being the amount due and owed by Defendants under the credit sale agreement. b) Interest on the said sum of GHC162,125.00 (One hundred and sixty-one thousand, one hundred and twenty-five cedis) at the prevailing commercial bank rate from 14th day of March 2022 till the date of final payment. c) General damages for breach of contract. d) Cost inclusive of legal fees. [2] The case of the Plaintiff as stated in paragraphs 2, 3, 4 ,5,6,7,8 and 9 of the Plaintiff’s Statement of Claim reads as follows: 2. 1st Defendant is a customer of Plaintiff who has on many occasions purchased steel products on credit from .....