GHANA COCOA BOARD V. UNIQUE INSURANCE LTD.

JUDGMENT

INTRODUCTION

This is a matter in which Ghana Cocoa Board, the Plaintiff herein offered seed money in  the sum of GHS1,500,000.00 to its Licenced Buying Company (LBC), Farmers Alliance in  2020. The said LBC was to purchase cocoa beans from cocoa farmers for the 2020/2021  cocoa season with the said facility for delivery to the Plaintiff. As a condition for the grant  of the said facility, the Defendant offered a guarantee for the payment of any debt of the  LBC to the Plaintiff. Farmers Alliance was unable to supply the requisite tons of cocoa  beans and at the time this Writ was issued it owed the Plaintiff an outstanding sum of  GHS748,747.67. The Writ was instituted against the Defendant alone and Farmers Alliance was not a party and was never joined. The Defendant denied the claim on the grounds that it had not been served with the requisite notices and that Farmers Alliance,  the primary obligor ought to be a party to the suit which Plaintiff did not do. 

SUMMARY OF THE RES…