TEL ENERGY LIMITED vs. MV ADOBIA AND AFRICAN INDEPENDENT FEEDER GHANA LTD. [2016]DLHC4276

Date	2016-12-16
Suit No.	SUIT NO.TRPC/03/2015
Citation No.	[2016]DLHC4276

SAMUEL K. A. ASIEDU

MR. MIRACLE ATTACHEY WITH HIM NAA ADJELEY FOR THE PLAINTIFF

[2016]DLHC4276
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">TEL ENERGY LIMITED<o:p></o:p></a>vs.<o:p></o:p>MV ADOBIA AND AFRICAN INDEPENDENT
FEEDER GHANA LTD.<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL DIVISION), ACCRA]<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.TRPC/03/2015&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
DECEMBER, 2016 <o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SAMUEL K. A. ASIEDU,
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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>The plaintiff’s writ
against the defendant is for:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in;
margin-left:.75in;margin-bottom:.0001pt;text-align:justify;text-indent:-.25in;
mso-list:l0 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">(a)&nbsp;&nbsp;
&nbsp;Recovery of the sum of GH¢86,400.00 being cost
of petroleum products supplied to the defendant which sum the defendant has
failed or refused to pay despite repeated demands.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:0in;
margin-left:.75in;margin-bottom:.0001pt;text-align:justify;text-indent:-.25in;
mso-list:l0 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">(b)&nbsp;&nbsp;
Interest on the said sum at the
prevailing commercial bank rate from 19th August, 2014 to date of
final payment.<o:p></o:p>(c)&nbsp;&nbsp;&nbsp;
Costs including legal fees.<o:p></o:p>After the writ has
been served on the defendants and after the defendants have entered appearance
and filed their statement of defence, the matter was referred for pre-trial
settlement but when the parties failed to reach a settlement and the case came
for trial, the case was called before the court on the 27th July,
2016 and the court ordered the parties to file their witness statements within
a specified time and adjourned the case for pre-trial case management
conference on the 6th day of October 2016. <o:p></o:p>However, when the
case was called on the date in question, the plaintiff told the court that the
plaintiff was unable to file its witness statement in time. The court therefore
adjourned the matter to the&nbsp; 27th
day of October, 2016 to enable the defendants file their witness statement.
When the case was called on the adjourned date, the defendants have still not
filed their witness statements; the case was hence adjourned to the 15th
day of November, 2016. Hearing notice was again served on the defendants on the
8th November, 2016. The case was called on the 15th
November, 2016; the defendants failed to appear and also failed to file their
witness statement. The court again adjourned the case to the 1st of
December, 2016 for definite hearing. Hearing notice was therefore served on the
defendants on the 22nd day of November, 2016 to appear before the
court on the 1st of December for hearing but again when the case was
called on the 1st December, 2016, the defendants had not filed their
witness statements and also failed to appear in court. <o:p></o:p>The plaintiff was
therefore invited to testify and they did so through their representative
Marian Atta-Boahene. From the statement of defence filed by the defendants, the
court finds that the defendants have admitted that sometime in August 2014, the
plaintiff was engaged by the 2nd defendant to supply fuel products
to the 1st defendant vessel. The court also finds from the statement
of defence that the defendants have admitted that indeed the plaintiff supplied
the fuel products as requested by the 2nd defendant to the 1st
defendant. The defendants have also admitted that that receipt of the fuel was
acknowledged by embossing their stamp on the delivery note which accompanied
the delivery. Exhibits ‘A’ and ‘A1’ also attests to this finding. There is also
evidence on record that in September 2014 the defendants, again, requested the
plaintiff to supply fuel products to them as shown by exhibit ‘</main>