Fabrigham Pharmaceuticals Ltd. Vrs Eshun and Others [2023] GHADC 328 (10 July 2023)

Fabrigham Pharmaceuticals Ltd. Vrs Eshun and Others [2023] GHADC 328 (10 July 2023)

Defendants, having admitted supply and failed to reconcile discrepancies or participate further after notice, are liable for the outstanding sum claimed by Plaintiff. Plaintiff proved its case on a balance of probabilities.

Citation
[2023] GHADC 328
Parties
Plaintiff: Fabrigham Pharmaceuticals Ltd.; Defendant: Kwamina Eshun; Defendant: Tina Eshun; Defendant: Easy Access Pharmaceuticals
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 July 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Debt Recovery, Burden of Proof, Natural Justice
Source Language
English
Contract Law Civil Procedure Debt Recovery Burden of Proof Natural Justice

Case Brief

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Parties

Fabrigham Pharmaceuticals Ltd.

Plaintiff

Kwamina Eshun

Defendant

Tina Eshun

Defendant

Easy Access Pharmaceuticals

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendants are liable for the outstanding debt claimed by the Plaintiff
  2. 2 Whether the Plaintiff is entitled to the reliefs sought

Ratio Decidendi

Defendants, having admitted supply and failed to reconcile discrepancies or participate further after notice, are liable for the outstanding sum claimed by Plaintiff. Plaintiff proved its case on a balance of probabilities.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendants to pay Plaintiff GHc 21,256.33 plus interest at prevailing Bank of Ghana rate from 29th June 2022 until final payment.
  • Defendants to pay costs assessed at GHc 5,000.00.