Teye Emmanuel Mensah Vrs Abraham Dadson [2023] GHACC 149 (25 January 2023)

Teye Emmanuel Mensah Vrs Abraham Dadson [2023] GHACC 149 (25 January 2023)

The defendant admitted the supply of goods and part-payment, leaving an outstanding balance of GH₵6,208.90. The defendant's claim of set-off fails as the plaintiff did not owe a reciprocal debt, and the goods were seized without the defendant's consent. The plaintiff is entitled to recover the outstanding balance with interest and costs. The defendant's counterclaim is dismissed.

Citation
[2023] GHACC 149
Parties
Plaintiff: Teye Emmanuel Mensah; Defendant: Abraham Dadson
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 January 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; defendant's counterclaim dismissed.
Legal Topics
Debt Recovery, Set Off, Lien, Interest on Judgment Debt
Source Language
English
Contract Law Sale of Goods Debt Recovery Set Off Lien Interest on Judgment Debt

Case Brief

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Parties

Teye Emmanuel Mensah

Plaintiff

Abraham Dadson

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant owes the plaintiff GH₵6,208.90 for aluminium disc supplied
  2. 2 Whether the defendant has paid the sum
  3. 3 Whether the defendant has a right of set-off

Ratio Decidendi

The defendant admitted the supply of goods and part-payment, leaving an outstanding balance of GH₵6,208.90. The defendant's claim of set-off fails as the plaintiff did not owe a reciprocal debt, and the goods were seized without the defendant's consent. The plaintiff is entitled to recover the outstanding balance with interest and costs. The defendant's counterclaim is dismissed.

Court Disposition

Plaintiff's claim allowed; defendant's counterclaim dismissed.

Orders

  • Plaintiff to recover GH₵6,208.90 from defendant.
  • Interest on GH₵6,208.90 from 30th May, 2013 until final payment.