WILL CELLS GHANA LIMITED vs. KAMBONSE GHANA LIMITED [2015]DLHC3575

Date	2015-06-08
Suit No.	SUIT NO.RPC/108/13
Citation No.	[2015]DLHC3575

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

MR. ADU GYAMFI FOR THE PLAINTIFF.

SAEED KOFI SAM FOR THE DEFENDANT.

[2015]DLHC3575
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													<main id="main" class="content" style="min-height: 60rem" >WILL CELLS GHANA LIMITED<o:p></o:p>vs.<o:p></o:p>KAMBONSE GHANA LIMITED<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/108/13&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: 8TH
JUNE, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR. ADU GYAMFI FOR THE
PLAINTIFF.<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">

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>On 30/05/2013, The
Plaintiff issued a Writ of Summons against the Defendant for the reliefs as set
out below:<o:p></o:p>(a)&nbsp; A refund of USD 91, 500 and GH¢ 57, 750
respectively being outstanding advance deposits payments made to the Defendant
by the Plaintiff for the supply per month of 20 Footer containers of ROSEWOOD
TIMBER&nbsp; which the Defendant has refused to pay despite repeated demands.<o:p></o:p>(b) Interest at the prevailing Bank rate on the
said outstanding deposits of USD 91, 500
and GH¢57, 750 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; from June 2012 till
date of final payment.<o:p></o:p>(c)
 Such further orders or order as the court
may deem fit.<o:p></o:p>In
its statement of claim, the Plaintiff averred that it is a company registered
under the Laws of Ghana and that it is the representative/agent of Messrs
C.D.P.D. of Lome, Togo and that this action is brought at the instance of the
said C.D.P.D. of Lome Togo. It is the Plaintiff's case that per an agreement
between the parties dated January 2012, the Plaintiff agreed to purchase per
month 30 footer containers of Rosewood Timber from the Defendant at an agreed
price of USD 4, 500 per container. &nbsp;In
furtherance of this agreement, the Plaintiff, at the request of the defendant
made deposit payments totaling USD 163,500 and GH¢ 57, 750.00 to the Defendant.
The Defendant supplied part of the timber and has since June, 2012, stopped the
supplies.&nbsp; Therefore, the Plaintiff is claiming
a refund of the balances of USD 91, 500 and GH¢ 57, 750.00 from the Defendant.<o:p></o:p>The
Defendant challenged the Plaintiff's capacity to mount this action in the
manner in which same has been done. The Defendant in its statement of defence
averred that it had never transacted any business whatsoever with the Plaintiff
company and has not been notified whether officially or otherwise of any agency
/representative capacity of Messrs . C.D.P.D.&nbsp;
of Lome. Togo in Ghana. The Defendant admitted that C.D.P.D. of Lome
Togo agreed to purchase per month 30 footer containers of Rosewood Timber from
the Defendant at an agreed price of USD 4,500.00 per container and deposits
were made to that effect.&nbsp;&nbsp;&nbsp; The Defendant
&nbsp;further averred that C.D.P.D. of Lome,
Togo, refused to pay the T.I.D.D. on shipments made contrary to the agreement
and that the Defendant had to pay for the same at GH¢ 550.00 per container. &nbsp;It is the Defendant's case that the
Plaintiff's actions and inactions has caused it heavy financial loss and
unwarranted inconvenience in the normal course of business. The Defendant
company denied owing the monies being claimed by the Plaintiff.<o:p></o:p>By way of reply, the
Defendant's assertion that it does not know and has never dealt with the
plaintiff company was denied. The Plaintiff averred that all letters meant for,
payments and other matters between the CDPD, Lome and the Defendant are settled
with the Plaintiff's Managing Director personally or through its business
address at 2nd Floor ASAFOATSE KOTEI BUILDING OPP, MELCOM PLUS,
TEMA COMMUNITY 1, with postal address of P.O.Box TS 256, TESHIE NUNGUA ESTATE,
ACCRA. Accordingly the Defendant is estopped by its conduct from
denying that the Plaintiff is the Agent/Representative of C.D.P.D. , Lome. The
Plaintiff further denied the Defendant's alleged payment of T.I.D.D. and
stressed that the Plaintiff is not in any way indebted to the Defendant.<o:p></o:p>All attempts to settle
this matter failed and the issues set down for trial are as follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether the Plaintiff is the agent and
lawful representative &nbsp;of C.D.P.D.&nbsp; of &nbsp;Lome
in Ghana?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not all the payments for the
supply contract were made to the Defendant by the Plaintiff on behalf of
C.D.P.D.&nbsp; of Lome in</main>