METRIC SERVICE ENTERPRISE VRS ABDUL-AZIZ & ANOTHER (A2/55/24) [2024] GHADC 382 (9 February 2024)

IN THE DISTRICT COURT TWO HELD AT TAMALE ON FRIDAY 9TH FEBRUARY, 2024 BEFORE HIS WORSHIP D. ANNAN ESQ. MAGISTRATE. BETWEEN SUIT NO. A2/55/24 METRIC SERVICE ENTERPRISE - PLAINTIFF PER THE MANAGER-AMADU IBRAHIM M. AND 1. YAKUBU ABDUL-AZIZ 2. YAKUBU ABUDL FATAW (CHAIRMAN) - DEFENDANTS AMADU IBRAHIM M., MANAGER REPRESENTS THE PLAINTIFF DEFENDANTS ABSENT X X X X B/C: JUDGMENT DELIVERED IN OPEN COURT: In the instant case, the plaintiff seeks against the defendants as reproduced as follows: “1. Recovery of 110 bags of grains- groundnuts, maize and soya beans being the remaining bags out of 164 bags or its equivalent of GH46,748.00 when defendant’s group have contracted the plaintiffs to plough on their various farms- 31 acres of groundnuts, 82 acres of maize farm, 41 acres of soya beans farm and 8 acres of rice farms and 3 bags of fertilizer which defendants agreed to pay back with 1 bag each for every acre ploughed after harvesting in the year 2022 farming season and also pay 3 bags of maize for the 3 bags of fertilizer collected by defendants for the farm produce but failed or refused to honour their promise in spite of severally repeated demands defendants gave part of the bags, 55 bags in all the farms leaving the remaining, 164 bags unpaid. 2. Interest on the amount of GHS46,748.00 at the Ghana Commercial Bank Rate from 2022 farming season to the final date of payment. 3. 4. Damages for breach of contract. Costs.” I take notice of how convoluted relief (1) was drafted. Nonetheless, the defendants were duly served to attend court on 25/1/24. But they failed to come to court. This court then afforded the defendants the last opportunity to come to court or file any process. Hence, the case was adjourned to today 9/2/24. Again, the defendants have failed to attend court or filed any process as at today. The law is that when a party is duly served with a court process to come to court but he fails to attend court, he is said to have failed to take advantage of the opportunity given him to be heard. He cannot turn round to say that the natural justice principle of audi alteram partem has been breached, see the case of Republic v High Court (Fast Track Division), Exparte State Housing company Ltd (No. 2) Koranten-Amoatko Interested Party [2009] SCGLR 185. In the circumstances, the defendants were duly served with the writ as well as giving two Hearing Notices to attend court or file any processes, but they failed to take advantage of same. The law, therefore, requires the court to proceed to hear the plaintiff and make deductions for its judgment. See also the case of In re West Coast Dyeing Industry limited:. Adams v Tandoh [1984- 86] 2 GLR 561, CA. Having heard the plaintiff under oath, he averred that the outstanding debt stood at GHS46,753.00 but not GHS46,748.00 as stated in the above reliefs. He explained that that was a typo. In fact, the details of the said reliefs are: a. 27 bags of groundnut @ GHS289.00 = GHS7,803.00 b. 61 bags of maize @ GHS300.00 = GHS18,300.00 c. 30 bags of soya beans @ GHS600.00 = GHS18,000.00 d. 7 bags of rice @ GHS250.00 = GHS1,750.00 e. 3 bags of fertilizer @GHS300.00 = GHS900.00. Based on the above, I come to the conclusion that the plaintiff’s claim against the defendants stands at GHS46,753.00 and that the GHS46,748.00 was a typo. Accordingly, I hereby enter judgment in favour of the plaintiff as follows: a. Recovery of the amount of GHS46,753.00 being the outstanding debt owed by the defendants to the plaintiff as at the end of the 2nd farming season, in 2022. b. Interest on the above amount is assessed at the prevailing bank rate from 1/1/23 till date of final payment, the 1/1/23 being the period after close of the farming season. c. Damages for breach of contract assessed at GHS2,000.00 d. Costs of GH2,000.00 is awarded in favour of the plaintiff. H/W D. ANNAN ESQ. [MAGISTRATE]