Tenkorang Vrs Oye [2022] GHADC 175 (18 October 2022)

IN THE DISTRICT COURT KIBI, EASTERN REGION, HELD ON TUESDAY 18TH OCTOBER, 2022 BEFORE HER WORSHIP MRS. JULIET OSEI – DUEDU SITTING AS THE MAGISTRATE JANET OHENE TENKORANG PLAINTIFF SUIT NUMBER: A2/77/22 VRS YAA OYE DEFENDANT JUDGMENT Plaintiff herein on the 7th September, 2022, caused a writ of summons to issue against the defendant, claiming against her, the sum of GHC 17, 502.00, being the total cost of some second-hand clothing, she bought from plaintiff since, 21st May, 2021, but has refused to pay for them. Though defendant was duly served, she failed to attend court on the return date. The court granted defendant another opportunity to be part of the trial by adjourning the matter and ordering plaintiff to serve defendant with a hearing notice to that effect. Once again, defendant was duly served but she failed to attend the court hearing of this matter. This court after considering defendant’s conduct concluded that she was not interested in contesting the action. Plaintiff was therefore permitted by the court to prove her case to finality, in accordance with Order 25 (2) (a) of the District Court Rules, 2009, (CI 59). According to this rule, when an action is called for trial and the plaintiff attends but defendant fails to attend, the court may dismiss a counterclaim if any and allow plaintiff to prove her claim. And in the instant case where there was no counter claim, plaintiff proved her case before the court. The undisputed testimony of plaintiff is that, defendant approached her for a credit sale of her goods, second – hand clothing, on 2nd March, 2022. Defendant promised to sell the items and pay the total debt by installment but has reneged on her promise, leaving the debt still due and owing as at the time of coming to court. Since the defendant has so declined or refused to pay her the said debt, it is only fair that it attracts interest accordingly. The above narration is the summary of plaintiff’s evidence on record. It is noteworthy that, though plaintiff in her particulars of claim stated the agreed date of the transaction as 21st May, 2021, her evidence before this court indicated unequivocally that, defendants’ debt became due for payment on the 2nd March, 2022. This court is thus, inclined to accept the 2nd March, 2022 as the day 2 defendant was to make good her promise to pay the money she owes to the plaintiff. I say so because, this date was clearly stated by plaintiff on three consecutive times in her evidence before the court. The 21st May 2021, so indicated in the particulars of claim is hereby duly considered as a mere irregularity which is cured by the clear and specific date stated in plaintiff’s evidence – in – chief. This court upon a careful consideration of plaintiff’s testimony is satisfied that defendant owes her the amount she is claiming, there being no recorded reason to doubt plaintiff’s story. In sum, I enter judgment in this case in favour of plaintiff and against defendant in the sum of, GHC 17, 502, with interest at the prevailing bank rate from 2nd March, 2022 till date of final payment. Costs of GHC 1,500.00 for the plaintiff and against the defendant. SGD H/W MRS JULIET OSEI – DUEDU ESQ DISTRICT MAGISTRATE 18/10/2022