Agbeli Vrs Kamara [2022] GHADC 62 (7 December 2022)

IN THE DISTRICT COURT, KADJEBI IN THE OTI REGION OF THE REPUBLIC OF GHANA, HELD ON 07TH DAY OF DECEMBER, 2022 BEFORE H/W ERIC K. FIAMORDZI ESQ, MAGISTRATE Suit No: A2/01/2022 GIDEON AGBELI OF KADJEBI - PLAINTIFF VS MICHAEL KAMARA OF KADJEBI - DEFENDANTS JUDGMENT This judgement stems from a civil writ of summons issued by the plaintiff herein against the defendant herein in fulfilment of Order 2 rule 3 of the District Court rules 2009, C. I 59 for the reliefs below; 1. Recovery of an amount of six thousand and forty-eight Ghana Cedis (GH₵6,048.00) being the remaining balance of assorted items the defendant sold and pocketed the proceeds when he (defendant) was working for the plaintiff as a sales boy/man in his store and van in \Kadjebi between the month of January,2020 to the month of March 2021. 2. Cost of the application. SUMMARY OF SUBJECT MATTER OF CLAIM Plaintiff is a businessman who deals in the purchase and sales of hardware and agro chemicals, and the managing director of The Blood Redeem Enterprise, Kadjebi. The defendant was a former sales boy/man to the plaintiff and resides in Kadjebi. According to the plaintiff, whilst the defendant was working for him in one of the mobile vans as a sales boy, between the month of January 2020 to the month of March 2021, he (defendant) sold various items and those monies amounting to the sum of six thousand and forty- eight Ghana Cedis (GH₵6,048.00). He added that through his own investigations, auditing and enquiries, the defendant admitted his wrong doings and pleaded with the plaintiff for time within which he (plaintiff) would be deducting an amount of two hundred Ghana Cedis (GH₵200.00) every month from his (defendant’s) wages/ salaries. The plaintiff continued further that, the defendant only paid the amount of two hundred Ghana Cedis from his salaries as promised for only two calendar months, but decided to stop or quit his work with the plaintiff’s enterprise. He concluded that, the defendant has also refused or failed to pay the remaining balance, hence this action for redress. Wherefore he claims per his writ of summons. When the parties appeared before the court on the 12th day of October, 2021 and the plea of the defendant was taken, he (defendant) pleaded not liable to the reliefs of the plaintiff. The court ordered the parties to file their witnesses’ statements and any relevant document(s) in their possession in relation to the subject matter of claim, and they complied. On the 11th day of November, 2021, the plaintiff gave his evidence in chief on oath after the witnesses’ statements were swapped between the parties herein. He relied on the witness statement he filed. The defendant was made to cross examine him. He (plaintiff) relied on a witness, who also relied on the witness statement he filed. The defendant was again made to cross examine the witness of the plaintiff. The defendant was called upon to open his defence on oath, after the plaintiff announced that he had closed his case. On the 9th day of February, 2022, the defendant opened his defence and the plaintiff was made to cross examine him. The matter was adjourned for continuation of the cross examination of the defendant by the plaintiff. However, on Wednesday the 09th day of March, 2022, when both parties appeared before the court, the defendant announced that, after going through the processes filed by the plaintiff and proceedings before the court, he has decided to take a date and come and offset part of the debt as claimed by the plaintiff. The court obliged him. On the 06th day of April, 2022, the defendant brought and paid an amount of one thousand Ghana Cedis (GH₵ 1000.00) to the plaintiff. He appeared later and paid an amount of three hundred Ghana Cedis (GH₵300.00) and the amount of another one thousand Ghana Cedis (GH₵1000.00) to the plaintiff on the 31st day of August, 2022. Since then, then defendant has been unable to make it to the court, or effect any payment on the face of the records. The plaintiff applied later for judgement to be entered in the matter, viva voce, to enable him go/move into execution. The issues for the determination of this court is whether or not the defendant is to be made to pay the debt allegedly owed the plaintiff in full with the cost. The exhibit GAI filed by the plaintiff on the 16th day of February, 2022 and a copy of which has been served on the defendant bears different amounts of six thousand and fifteen Ghana Cedis (GH₵6015.00), out of a total amount of twelve thousand, and thirty Ghana Cedis (GH₵12,030.00) shared/ divided between the defendant herein (Michael) and one George to be paid. The exhibit GAI also has different amounts pf money quoted with dates by them. As a court, I believe this exhibit might have gone to convince the defendant to change his mind to pay what he has paid. But opportunities have been created for him (defendant) to continue with his defence if he was convinced not to pay the full/ total amount due. He has rather decided to abandon the matter by discontinuing same without leave of the court. In relying on the case of Guaranty Trust Bank V. Steel & Forgoing Ltd [2015] 90 GMJ, 105 per the court of Appeal, and the facts and evidence herein, I enter judgement in favor of the plaintiff against the defendant. The defendant is to pay the amount due in full. I also award cost of the amount of eight hundred Ghana Cedis (GH₵800.00) against the defendant. (SGD) H/W ERIC K. FIAMORDZI (MAGISTRATE) 4