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MAXWELL OBENG
V.
KWADWO ODURO KWARTENG

(2018) JELR 64634 (HC)

High Court 10 Apr 2018 Ghana
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- The plaintiff entered into an agreement with the defendant for the supply of lumber. - The plaintiff made payments totaling GHC 59,865.00 to the defendant, but the defendant failed to supply the lumber. - The defendant admitted owing the

Case Details

Suit Number:SUIT NO. OCC/38/14
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:LESLIE SENYO AMEDIOR FOR AKWASI ARHIN FOR PLAINTIFF; ISAAC OKYERE KUMAH FOR DEFENDANT.

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The parties to this suit entered into an agreement whereby the Defendant was to supply lumber to the Defendant who had decided to venture into the lumber business. It is the case of the Plaintiff that as of August, 2015, he had made various payments totaling GHC 59,865.00 to the Defendant, but the Defendant failed to supply the lumber. When the Plaintiff demanded a refund of his money, the Defendant admitted owing the sum of GHC 59,865.00, pleaded for six months to pay the money and executed a promissory note to that effect. Consequently, the Plaintiff by his writ of summons and statement of claim issued from the registry of this court sought to recover the sum of GHC 59,865.00 and interest thereon from the Defendant.

The Defendant caused an appearance to be entered on his behalf and proceeded to file a defence. However, the Defendant blatantly refused to comply with all the orders for the filing of witness statements even after he had been granted an ext…

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