JUDGEMENT
IRENE C DANQUAH JA
This is an appeal emanating from the decision of the High Court, Kumasi delivered on 9th May 2010.
The Plaintiff is a Limited Liability Company and engages in wholesale and retail of linoleum carpets. The Plaintiff claims that at various occasions until 12th February 2008, it supplied the Defendant quantities of linoleum carpets in respect of which the Defendant/Appellant is indebted to the Plaintiff in the sum of GH¢12,550.00. The Plaintiff therefore sued for the said sum together with interest at the prevailing bank lending rate till the date of final payment.
The Defendant denied the claim of the Plaintiff and in his defence alleged that the Plaintiff and its agents entered his shop in his absence and made away with carpets worth GH¢96,250.00 which was later amended to read GH¢32,060.00. The Defendant therefore counterclaimed for:
“ a. Recovery of GH¢32,060.00 worth of linoleum carpets collected illegally and unlawfully from Defendant’s shop by the Plaintiff…