SPINTEX LTD. V. EVANS ATTA-EDUA

MARFUL-SAU JA

This is an appeal against the judgment of the High Court, Accra dated the 31^st October 2008, dismissing the plaintiff action and entering judgment for the defendant on his counterclaim. The plaintiff is thus the appellant herein and the defendant is the respondent. The appellant per the writ issued on 28-1-93 claimed the following:-

a. Recovery of an amount of ¢110,175,349.74

b. Interest at the current bank rate from 31/7/92 to date of final payment

c. General damages for breach of contract

In a terse statement of claim of 7 paragraphs, the appellant simply alleged that it supplied goods to the respondent between August 1990 to July 1992 worth ¢203,656,469.08. However, in July 1992 when the respondent’s account was audited his indebtedness stood at ¢110,175,349.74. The appellant further averred that the respondent had failed to settle the said indebtedness notwithstanding repeated demands.

The respondent disputed the claim and filed a 28 paragraph statement of defence and cou…