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W.J. DYNAMICS LTD
V.
CONFIGURED TECHNOLOGY LTD, BUAFO ARKO AND B&B COMPANY LTD

(2011) JELR 64044 (HC)

High Court 20 Apr 2011 Ghana
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- The plaintiff issued a Writ of Summons claiming the recovery of a sum of money for boots/shoes supplied to the defendant. - The defendant claimed that the shoes were meant for a third party to sell and that they were not liable to the pla

Case Details

Suit Number:SUIT NO. BC 179/2007
Judges:HIS LORDSHIP JUSTICE P. BRIGHT MENSAH
Counsel:AYITEY ARMAH TETTEH FOR THE PLAINTIFF,E.O. ARMAH FOR THE DEFENDANT,ADJEI-LARTEY FOR THE 3RD PARTIES

This is an interesting case.

On the 24th day of January, 2007 the Plaintiff issued a Writ of Summons claiming against the defendant, the judicial reliefs mentioned here below:

1. The recovery of the sum of ¢206,500.00 being the outstanding balance of boots/shoes supplied to the defendant, which they have refused to pay despite repeated demands.

2. Interest on the said amount at the current bank rate from 1st January, 2006 to date of final payment.

3. Cost.

However, by a Statement of Defence filed on 4th October, 2007 the defendant claimed that the shoes, the subject matter of this suit, were meant for Buafo- Arko of Accra to be sold and to account to the Plaintiff. It was averred that Buafo- Arko approached the Managing Director of the defendant company, Kofi Simpey for financial assistance to be able to sell the shoes. Sempey agreed to assist him and issued two (2) cheques in the value of ¢70m and ¢30m respectively in favour of the Plaintiff company. On the basis of that assertion that Ko…

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