AFRICAN CONNECTIONS GH LTD (AC) VRS AGYARKO & ANOTHER (A2/36/2021) [2023] GHADC 1261 (12 October 2023)

IN THE DISTRICT COURT HELD AT ATEBUBU ON THURSDAY, THE 12TH DAY OF OCTOBER, 2023 BEFORE HIS WORSHIP JOSEPH TWUMASI AFRICAN CONNECTIONS GH LTD (AC) SUIT NO. A2/36/2021 VRS AGYARKO MENSAH JOSEPH & ANOTHER OF SENE JUDGMENT Isaac Adu Boahen for the plaintiff company No representation for the defendants. Introduction The plaintiff company sued the defendants for the following reliefs: a). an order for recovery of 6-100kg of maize due the plaintiff as at 31st December, 2014 from the defendants in relation to the Input Credit Facility Loan Contract entered between the plaintiff and defendants. OR b). an order for recovery of an amount of GH¢600.00 being the market price of 6-100 kg bags of maize as at 31st December, 2014 @ G GH¢ 100.00 per bag. c). an order of award of interest on the said Ghc 600.00 from 1st January, 2015 to the date of final payment at the current bank rate. 1 | P a g e d). an order for recovery of an amount of GH¢ 100.00 representing the fifty Ghana Cedis late payment penalty for the defendants. e). an order for award of cost incidental to the institution of this action. f). any other orders that the court will deem fit to make. The plaintiff company filed her statement of claims and the witness statements through her Manager, Dr Ayesha Hakeem. The defendants filed their witness statements as well as their statement of defense. Plaintiff's case The plaintiff company is a limited liability company registered in Ghana. In 2014, it entered into an Input Credit Facility Loan Contract with the defendants. In pursuance of the terms of the contract, the plaintiff supplied each defendant a quantity of maize to cultivate and pay back with 3 - 100 kg bags of maize or its value in cash. The terms of the contract made provisions for the defendants' liabilities in case of default. The contract terms were captured in Exhibits A annexed. According to the plaintiff company, the defendants failed to fulfill their side of the agreement hence the action. Defendants' Case The defendants after filing their statement of claims and the witnesses’ statements stopped coming to court in spite of several hearing notices served on them. 2 | P a g e In their written statements the defendants admitted executing the Inputs Credit Facility Loan Contract with the plaintiff company in 2014 and the terms in Exhibits A However, they didn't accept liability for the plaintiff's claims. Their case was that the maize seeds supplied to them by the plaintiff were not viable so the seeds could not germinate. According to them, they informed the coordinator in charge for the plaintiff company. The coordinator visited the farms to see things for himself but never did anything about it. According to the defendants, when nothing was done about it, they called to inform the coordinator to use the amount of money he took from them, to pay for the maize seeds supplied to them. The defendants held that from that point, the contract ceased. On 21st November, 2022, the counsel for the plaintiff prayed the court to hear the plaintiff's case and give its judgment since the defendants were not prepared to defend the claims. The court granted the plaintiff's prayer and listened to Dr Ayesha Hakeem and her only witness, Mr. Wilfred Anonadaga. The evidence of the plaintiff was mainly on the terms of Exh. A. It maintained that the defendants had defaulted payment of the 6-100 kg bags of maize. They claimed per the reliefs in the writ of summons. 3 | P a g e The defendants' assertion that the maize seeds supplied to them were not viable remained unsupported. It is a time-honored principle that he who makes a positive assertion or averment has the burden to prove with relevant and sufficient evidence. The defendants therefore had the burden to convince the court that the maize seeds supplied to them by the plaintiff were not viable. The defendants decided not to come to court to produce sufficient evidence to prove the assertion It is my view that it was not enough for the defendants to just state it in their written statements and go to sleep. They needed pieces of corroborative evidence to prove those averments, more especially when their assertion had been seriously challenged. CONCLUSION I believe the story of the plaintiff company, on the balance of probabilities. I give judgment for the plaintiff company for its claims against the defendants jointly and severally. DECISION a). The defendants are ordered to supply the 6-100kg Maxi bags of maize to the plaintiff company. OR 4 | P a g e b). Pay GH¢ 600.00 being the market price of 6-100kg bags of maize as at 31 December, 2014@ GH¢100.00 per bag. c). Pay interest at the current bank rate on the GH¢600.00 from 1st January, 2015 to the final date of payment. d). Pay GH¢100.00 representing the fifty Ghana Cedis late payment penalty for the defendants. e). Cost GH¢ 3,000.00 against the defendants. Formal decree be served on the defendants. ………………………..…… H/W JOSEPH TWUMASI (SNR CAREER MAGISTRATE) 5 | P a g e