WADUDU VRS TANO (A2/48/23) [2024] GHADC 157 (20 March 2024)

WADUDU VRS TANO (A2/48/23) [2024] GHADC 157 (20 March 2024)

The Defendant is indebted to the Plaintiff for 35 bags of cocoa at the time of the writ, reduced to 30 bags after part payment, but Plaintiff also owes Defendant for buffer, commission, and premium, which are to be set off against the Defendant's indebtedness.

Citation
WADUDU VRS TANO (A2/48/23) [2024] GHADC 157 (20 March 2024)
Parties
Plaintiff: Salifu Abdul Wadudu; Defendant: Daniel Tano
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 March 2024
Procedural Posture
Civil / Judgment
Outcome
Partly in favour of Plaintiff and partly in favour of Defendant (set-off granted)
Legal Topics
Debt Recovery, Set Off, Sale of Goods, Burden of Proof
Source Language
eng
Contract Law Commercial Law Debt Recovery Set Off Sale of Goods Burden of Proof

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Parties

Salifu Abdul Wadudu

Plaintiff

Daniel Tano

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant is indebted to the Plaintiff and if so, the quantum of indebtedness

Ratio Decidendi

The Defendant is indebted to the Plaintiff for 35 bags of cocoa at the time of the writ, reduced to 30 bags after part payment, but Plaintiff also owes Defendant for buffer, commission, and premium, which are to be set off against the Defendant's indebtedness.

Court Disposition

Partly in favour of Plaintiff and partly in favour of Defendant (set-off granted)

Orders

  • Defendant to pay Plaintiff for 30 bags of cocoa with interest from February 2023 until payment.
  • Plaintiff to pay Defendant GHS23,000.00 as buffer, GHS7,020.00 as commission, and GHS16,200.00 as premium, all to be set off against Defendant's liability.