AZAR CHEMICAL INDUSTRIES LIMITED
V.
KWARTENG AMANING

(2014) JELR 65476 (HC)    
High Court  ·  SUIT NO.RPC/42/14 ·  16 Dec 2014 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
defendant
interest
court
counsel
payments
evidence
writ of summons
cross-examination
reasonable time
award of interest
date of supply
sum of gh
time line
said amount
sufficient evidence
30-day credit line
above admissions
azar paint products
behalf of the plaintiff
case of akoto v gyamfi addo
case of heloo v tetteh
claim of entitlement
courts act
court suo motu
debt recovery officer
defendant’s argument
defendant’s current indebtedness
defendant’s indebtedness
documentary evidence
english language
evidence invoices
exercise of that discretionary power
exhibits b
general principle
month credit basis
normal business practice
outstanding balance of various products
particulars of the said interest
payment of the goods
plaintiff’s action
plaintiff’s evidence
quantum of his indebtedness
record shows
recovery of the sum of gh
specific reference
support of its case
support of these payments
supreme court
valid award of interest

JUDGMENT

The Plaintiff’s action is for the recovery of the sum of GH¢44,483.62 being the outstanding balance of various products supplied to the Defendant since 15/07/2012. The Defendant denied the quantum of his indebtedness to the Plaintiff and after settlement had broken down, two issues were set down for trial, namely,

1. Whether or not the Defendant owes the Plaintiff the sum of GH¢44,483.62?

2. Whether or not the Plaintiff is entitled to interest on the said amount?

At the trial, evidence was adduced on behalf of the Plaintiff by its debt recovery officer by name Solomon Yacham. His testimony was straight to the point. He told the court that the Plaintiff had been supplying the Defendant with Azar paint products on a one month credit basis, calculated from the date of supply. Between February, 2012 and September, 2012, the Defendant failed to pay for products supplied to him.

In support of its case, the Plaintiff’s representative tendered in evidence invoices and a ledger account as …

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