MAIMUNA ADAMS vs. ERNEST ADOM & ANOR [2016]DLHC3817

Date	2016-04-20
Suit No.	SUIT NO.RPC/139/13
Citation No.	[2016]DLHC3817

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

MAVIS DOMALE FOR PLAINTIFF

K. ANSAH SUADWA FOR DEFENDANT

[2016]DLHC3817
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													<main id="main" class="content" style="min-height: 60rem" >MAIMUNA ADAMS<o:p></o:p>vs.<o:p></o:p>ERNEST ADOM &amp; ANOR<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;
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SUIT NO.RPC/139/13&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 20TH APRIL, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MAVIS DOMALE FOR PLAINTIFF
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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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
Plaintiff commenced her action by a writ of summons and statement of claim
issued on 25/06/2013. After two lawyers had abandoned her, she engaged the
services of a third lawyer who filed an amended writ of summons and statement
of claim with leave of the court on 02/02/2015. Before hearing could start, a
fourth lawyer had come in and she also prayed for time to study the processes
filed. <o:p></o:p>By
the amended writ of summons and statement of claim, the Plaintiff sought to
recover the sum of GH¢30,000.00 being the sum given to the 1st
Defendant in September, 2011 for the supply of 1000 gallons of palm oil which
he failed to do and the 2nd Defendant promised to refund same and
thus became surety for the payment of the sum but has since failed to pay
despite repeated demands for payment. She also sought to recover interest on
the sum claimed. In her amended statement of claim, she gave details of how the
transaction which culminated in this debt came about. Specifically, after her
husband had allegedly introduced the 1st &nbsp;Defendant to her and upon alleged
representations made by the 1st Defendant, she parted with the money
for the supply of the quantities of palm oil in issue. <o:p></o:p>&nbsp;The Defendants denied liability in their
statement of defence filed on 6/07/2013. In the said statement of defence, the
1st Defendant averred that he first transacted with the Plaintiff 's
husband and did supply him with palm oil worth GH¢28,000.00. And, when he
became satisfied, he gave him another GH¢28,000.00 and GH¢ 4,000.00 for the
supply of additional 500 and 140 jerry cans of Palm oil which he did supply. He
further asserted that he has fully discharged all his responsibilities to
supply the Plaintiff (through her husband) with all the palm oil for which he
was given monies on three occasions.&nbsp; The
2nd Defendant also averred that she never told the Plaintiff that if
her son, the 1st Defendant did not pay, she will pay the Plaintiff.<o:p></o:p>The
issues agreed to be tried as these:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not 1st Defendant
represented to the Plaintiff that he could supply her with 1000 gallons of Palm
oil?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not as a result of that
representation Plaintiff paid GH¢ 30,000.00 to 1st Defendant?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not 2nd Defendant
undertook to refund the said GH¢ 30,000.00 to Plaintiff at the end of
September, 2011?<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Plaintiff is entitled to
her claims?<o:p></o:p>This
is a purely civil s</main>