FRANCIS GATSEY V. COTOPAXI ENTERPRISE LTD

J U D G M E N T

V. D. OFOE, JA

In this appeal we shall refer to the plaintiff/ respondent simply as the plaintiff and the defendant/appellant as the defendant.

The parties are agreed that somewhere in February 2006 there was a contract between them for the plaintiff to supply building materials to the defendant who was executing a constructional works for the Ho Polytechnic, a GetFund project. It is not too clear from the plaintiff’s evidence whether the building materials was only gravel or it included sand. It is the case of the plaintiff that it supplied about 92 trips at a value of 230,000,000 cedis. (GHC23,000). Out of this amount only 6,000,000 cedis (GHC60,000) has been paid for by the defendant. Hence its claim against the defendant for 224,000,000 cedis(GHC22400) on the writ. He is asking for interest on this amount from  September 2006 at the prevailing lending bank rate till date of final payment.

The defendant denied the amount alleging that the amount supplied to them was les…