MOHAMMED SALEH MROUE vs. EMMANUEL ADJETEY. [2015]DLHC3553

Date	2015-04-16
Suit No.	SUIT NO.RPC/31/15
Citation No.	[2015]DLHC3553

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

KWAKU YEBOAH APPIAH FOR THE PLAINTIFF.

OHENE AMANKWAH GYAN FOR THE DEFENDANT.

[2015]DLHC3553
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													<main id="main" class="content" style="min-height: 60rem" >MOHAMMED SALEH MROUE<o:p></o:p>vs.<o:p></o:p>EMMANUEL ADJETEY.<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO.RPC/31/15&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 16TH APRIL, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>KWAKU YEBOAH APPIAH FOR
THE PLAINTIFF. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HER
LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>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 was arrested by the
police. He gave an undertaking to honour his obligations to the Plaintiff
within a stated period and then secured the payment with his property numbered
Plot No. 1A Block B, Apaaso, Kumasi. <o:p></o:p>The
Defendant did not deny receiving a total sum of Gh¢108,000.00 from the
Plaintiff for the supply of 5000 bags of cement and 40 tons of iron rods. He
also admitted that the Plaintiff paid an amount of GH¢24,500.00 to B5 Plus Ltd
on his behalf as averred by the Plaintiff and did not also dispute an amount
GH¢5,131.00 representing supplies made to him by the Plaintiff. He further
admitted that not all the items have been supplied to the Plaintiff . The
difference is in the quantities to be supplied. Whereas the Plaintiff put the
cement left to be supplied at 3, 235 bags, the Defendant put the figure at
3050, but admitted the 12 tons of iron rods. Other admissions made by the
Plaintiff are his undertaking in writing to satisfy his obligations to the
Plaintiff and the giving of his property as security for the repayment of the
Plaintiff's money. However, he denied ever issuing a cheque of GH¢130,000,00 to
the Plaintiff against the items to be supplied to him. <o:p></o:p>The
pre-trial judge set down five for trial, namely:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Defendant issued a
cheque of One Hundred and Thirty Thousand Ghana Cedi ( GH¢130,000.00) in favour
of the Plaintiff&nbsp; as guarantee for part
payment of the sums advanced o the Defendant by the Plaintiff?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Defendant has failed to
supply the Plaintiff with 3050 bags of cement?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Defendant's cheque was
presented by the Plaintiff and same was dishonoured?<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Defendant has failed to
supply the 40 tons of iron rods to the Plaintiff?<o:p></o:p>