BARCLAYS BANK GHANA LIMITED vs. AKUAFO ADAMFO MARKETING CO. LTD AND OTHERS [2018]DLHC3468

Date	2018-04-16
Suit No.	SUIT NO. CM/0049/16
Citation No.	[2018]DLHC3468

GEORGE K. KOOMSON JUSTICE OF THE COMMERCIAL COURT

MAXWELL LOGAN (WITH SIKA AGGREY) FOR THE PLAINTIFF/APPLICANT

KOJO ASARE BOATENG FOR SAMUEL CODJOE FOR THE DEFENDANTS/RESPONDENTS.

[2018]DLHC3468
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													<main id="main" class="content" style="min-height: 60rem" >BARCLAYS BANK GHANA LIMITED<o:p></o:p>vs.<o:p></o:p>AKUAFO ADAMFO MARKETING CO. LTD AND OTHERS<o:p></o:p>[HIGH COURT (COMMERCIAL DIVISION), ACCRA]<o:p></o:p>SUIT NO. CM/0049/16&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;16TH APRIL, 2018<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>COUNSEL:<o:p></o:p>MAXWELL LOGAN (WITH SIKA AGGREY) FOR THE PLAINTIFF/APPLICANT <o:p></o:p>KOJO ASARE BOATENG FOR SAMUEL CODJOE FOR THE
DEFENDANTS/RESPONDENTS. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>GEORGE K. KOOMSON JUSTICE OF THE COMMERCIAL COURT <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<o:p>&nbsp;</o:p>

</div>RULING<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>&nbsp;A brief
summary of the facts in this case is that the 1st Defendant obtained
various forms of facilities from the Plaintiff in 2014. These facilities were
guaranteed by 2nd to 5th Defendants. The purpose of these
facilities was to enable 1st Defendant purchase cocoa beans in the
2014/2015 cocoa crop season. At the expiration of the facility term, the 1st
Defendant was unable to repay the amount granted to it with interest. The
Plaintiff therefore issued the present action to recover all outstanding
balance from the Defendants. The case was referred to me for pre-trial
settlement. I must say that settlement broke down and the Court settled the
issues on the 19th May 2016. Contrary to the practice at the
Commercial Court, applications were put before me, though I was the pre-trial
Judge. None of the parties objected to this. <o:p></o:p><o:p>&nbsp;</o:p>Consequently, the Court heard these applications. One of such
application is the instant one which the Plaintiff is seeking an order to enter
judgment on behalf of the Plaintiff based on the amount certified by the
auditor appointed by the Court as being owed to the Plaintiff by the Defendant.
<o:p></o:p><o:p>&nbsp;</o:p>The Defendanst contend that by an oral agreement the Plaintiff
agreed not to pursue <o:p></o:p>their right to recover any debt owed by the Defendants until the 1st
Defendant has gone through a restructuring. This assertion has been
denied by the Plaintiff. <o:p></o:p>Defendants further stated that pre-trial has not been completed
therefore the Plaintiff’s application is premature. I do not want to belabour
this point, as I have already stated that pre-trial settlement broke down and
issues were settled as far back as May 2016. <o:p></o:p>The question which I have to resolve in this application is as to
whether an order be made entering judgment on the sum certified in the accounts
in favour of the Plaintiff. <o:p></o:p>I have read the application and all the affidavits filed by the
parties. I have also considered the oral submissions made by both Counsel.
Regard has been given to Order 29 of the High Court (Civil Procedure) Rules,
2004, C.I. 47. It is however useful for me to place emphasis on Order 29 Rule 1
thereof, which states: <o:p></o:p>“(1) Where a
writ indorsed with a claim includes a claim for an account or a claim which
necessarily involves taking an account, the Plaintiff may, at any time after
the Defendant has filed appearance or after the time limited for filing
appearance apply for an order for account under this rule. <o:p></o:p>(2) An
application under this rule shall be supported by affidavit or other evidence
if the Court so directs. <o:p></o:p>