NANA ABENA OFORI vs. SARAH BUAHIN [2019]DLHC7553

Date	2019-05-08
Suit No.	SUIT NO.CMOCC/0188/17
Citation No.	[2019]DLHC7553

JEROME NOBLE-NKRUMAH JUSTICE OF THE HIGH COURT

MAAME SARPONG WITH A. ASUA KWESI HOLDING BRIEF OF BRIGHT OKYERE-ADJEKUM FOR THE PLAINTIFF

YVONNE ADOLEY AUGUSTT FOR THE DEFENDANT

[2019]DLHC7553
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													<main id="main" class="content" style="min-height: 60rem" >NANA ABENA
OFORI<o:p></o:p>vs.<o:p></o:p>SARAH BUAHIN<o:p></o:p>[HIGH COURT (COMMERRCIAL 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.CMOCC/0188/17 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 MAY, 2019<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>MAAME SARPONG WITH A. ASUA KWESI HOLDING BRIEF OF BRIGHT
OKYERE-ADJEKUM 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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YVONNE ADOLEY AUGUSTT FOR
THE DEFENDANT<o:p></o:p>

</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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JEROME
NOBLE-NKRUMAH 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, resident in Accra, says
over a prior business relationship, she advanced the defendant a business woman
in the boutique business, £1,100.00 on or about 10/4/99, £2,080.00 on or about
8/9/99 and $1,400.00 on or about 20/4/99. Plaintiff says she advanced these
sums as further investment in the defendants business. She says the defendant
offered and she accepted that the defendant pay her margin of 50% as return on
her investment every two months. It is the plaintiff’s case that the defendant
failed to deliver on her promise and only made minimal and scattered payments
leading to lost value of investments she made in the defendants business. On
the pound sterling component she says the defendant has made payment of only
£580.00 while on the US dollar component she has received only $8,615.42 over
the years with the last payment received on 19/7/15<o:p></o:p>Plaintiff consequently has sued the
defendant for:<o:p></o:p>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Recovery
of the sum of the sum of £40,760.00 being defendants indebtedness on the pound
sterling component of plaintiff investment in the defendants business as of 1st
may 2001<o:p></o:p>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Interest
on the said £40,760.00 at the prevailing interest rate from 2nd
may&nbsp; 2001 till date of final payment<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Recovery
of the amount of $9,584.58 being the defendants indebtedness to the plaintiff
on the dollar component of plaintiffs investment in the defendants business as
of 19th July 2015<o:p></o:p>d.&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;Interest on the said sum of $9,584.58 at the
prevailing bank rate from 20th July 2015 till date of final payment <o:p></o:p>While the defendant does not dispute the
amounts advanced, she says it was the price of goods she bought for sale on
behalf of the plaintiff. She says the decision to purchase and sell goods for
the plaintiff was as a result of their close friendship and also of the fact that
the plaintiff and her husband were facing financial difficulty at the time. She
adds however adds that the items she purchased for the plaintiff moved slowly
and was affected by fashion trends over which the defendant had no control.
However over a period of 10 years, defendant says she made as many as 20
payments from sale of some shoes purchased for the plaintiff. She says the last
payment was made in January 2009. In total she says she paid back $9,280.00
made up of £580.00 and $8410.00. She says after making her last payment she
invited the plaintiff to come for the remaining shoes, hoping the plaintiff
could sell them herself. This, defendant says the plaintiff did and that
brought their arrangement to an end. Defendant maintains that she has paid all
monies owed the plaintiff yet plaintiff persisted in demands for cash even
after she collected the remainder of the shoes.<o:p></o:p>