AGYAM VRS. BONNEY (A2/14/2025) [2025] GHADC 25 (22 January 2025)

IN THE DISTRICT COURT, NEW EDUBIASE HELD ON WEDNESDAY 22ND JANUARY, 2025 BEFORE HER WORSHIP ANASTACIA Y.A. KARIMU ESQ. SUIT NO: A2/14/2025 SAMUEL AGYAM PLAINTIFF VRS. JOSEPH BONNEY DEFENDANT JUDGMENT 1. The plaintiff issued a writ of summons against the defendant on 5th December, 2024 for the following reliefs: a. recovery of the sum of GH¢155,000.00 being the cost of 50 bags of cocoa which the plaintiff has failed to supply him since 2019 and 2020, and b. costs 2. The case of the plaintiff is that he is a cocoa purchasing district officer. The defendant was a former colleague of his at Fludor Ghana Limited. When he was a district officer at Adehyemba Company Limited in 2019, the defendant came to his office and took GH¢36,050.00 to supply him with seventy bags of dry cocoa beans. He supplied fifty-two bags of leaving an outstanding amount of eighteen bags. The defendant promised to supply the outstanding bags but failed to do so. 3. He left Adehyemba Company Limited to work at Afcocoa Ghana Limited. Again, the defendant came to him and requested for money to purchase cocoa. On 15th Page 1 of 3 December, 2022 he gave the defendant an additional amount of Gh¢80,000.00 for the supply of one hundred bags of dry cocoa beans. The defendant promised to supply the hundred bags along with the outstanding eighteen bags he owed him from 2019. 4. On 22nd December, 2022 he gave an amount of GH¢24,000.00 to the defendant for the supply of an additional thirty bags of dry cocoa beans, bringing the total cocoa bags owed by the defendant to one hundred and forty-eight. However, the defendant supplied ninety-eight bags, with fifty bags outstanding. Since 2022, he has made several demands on the defendant to supply the fifty bags, but his efforts have been unsuccessful, hence this action. 5. The defendant was served with the writ of summons on 10th December, 2024 but he failed to show up in court when the case was first called and on subsequent dates. He also failed to file any processes, neither an affidavit in opposition nor witness statements indicating an intention to defend the matter. Where a party is given the opportunity to be heard in a proceeding and he disables himself, he cannot later turn around and accuse the judge of having breached the rules of natural justice: The Republic v. Automated Fast Track High Court, Court No. 4 (Accra), Ex-parte State Housing Company Limited (No.2), Koranteng-Amoako (Interested Party) [2009] SCGLR 185. 6. Since the defendant has evinced an intention not to defend the suit, it is deemed that he accepts the claims made by the plaintiff. Judgment is therefore entered in favour of the plaintiff for the reliefs endorsed on his writ of summons. Page 2 of 3 7. Cost of GH¢2,000.00 against the defendant. H/W ANASTACIA Y.A. KARIMU ESQ. [MAGISTRATE] Page 3 of 3