SAVANNAH FARMERS MARKETING
V.
SOLOMON OSSEI SARFO & ANOR

(2015) JELR 69699 (HC)    
High Court  ·  SUIT NO.RPC/166/14 ·  14 Aug 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
defendants
plaintiff
evidence
poultry farmers
cross-examination
burden of persuasion
white maize
evidential burden
a. yes
mini bags
part payment
plaintiff's case
prevailing commercial bank rate
sufficient evidence
totality of the evidence
world food programme
agreed price of gh
amount of gh
best estimates of aflatoxin concentration
burden of proof
burden of proof of those assertions
civil matters
considered opinion
evidence act
evidence of the 1st defendant
evidence shows
express admission
gary munkvold et al
good opportunity
honourable court
instant civil suit
iowa state university
marketing of farm produce
outstanding balance of white maize
plaintiff's assertion
plant pathology
preponderance of the probabilities
required standard of proof
said amount
said maize
savanna farmers marketing company
scientific evidence
similar view
time of supply
unwholesome nature
visual inspection
white maize equivalent

JUDGEMENT

In this action, the Plaintiff, Savanna Farmers Marketing Company, is claiming an amount of GH¢ 74, 576.00 representing the outstanding balance of white maize sold to the Defendants. The Plaintiff described itself as a registered company engaged in the processing and marketing of cereals. The 2nd Defendant was described as a co-operative society engaged in the marketing of farm produce with the 1st Defendant as its director. These facts are not in dispute.

In sum, the Plaintiff's case is that the 1st Defendant approached it in July 2013 and offered to buy white maize for and on behalf of the 2nd Defendant. Pursuant to an agreement between the parties, the Plaintiff was to supply 7800 mini bags (50kg)of white maize equivalent to 3000 (130 kg) bags to the Defendants. Out of this quantity, the Plaintiff supplied 6,120 mini bags on credit after an agent of the latter had inspected the same. Subsequently, the 1st Defendant raised concerns about the unwholesome nature of 140 bags whi…

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