Latex Foam Justifies Judgement Debt

By Esther Awuah 

Sole Commissioner, Justice Yaw Apau,

Management of Latex Foam have justified an amount of GH¢207,356.62 paid to it as judgment debt after the Ghana @ 50 Planning Committee had failed to settle arrears for supplies the company had made.

The foam manufacturing company was asked by the Ghana @ 50 Planning Committee to supply mattresses which were used to furnish the AU Village apartments, where dignitaries attending the independence golden jubilee celebration were housed on March 6, 2007.

Stephen Ackuaku Acheampong, an accountant with Latex Foam, told the Judgement Debt Commission yesterday that the Ghana @ 50 committee failed to make payments on some of the supplies made, hence the court action which awarded the judgement debt.

Mr. Acheampong, who was led in evidence by Dometi Kofi Sorkpor, counsel for the Judgement Debt Commission, admitted that there was no contract document between his company and the Ghana @ 50 committee, except for a letter requesting Latex Foam to supply the committee with mattresses.

“There was no contract document between the two entities, but a letter requesting us to supply mattresses not later than February 15, 2007, after we had submitted our quotation upon request,” he stated.

He indicated that Latex Foam wrote to the committee that it would not be able to meet the deadline for the supply of the products and requested for an extension, which the committee agreed to without giving a specific date or deadline.

He noted that the first supply was made between February and March 2007, while the final supply was made in July 2007, after the celebration of the anniversary had ended.

Mr. Acheampong explained that the delay was because “the Ghana @ 50 Planning Committee brought in some beds from China and the specification they asked us to manufacture could not fit into the beds so we had to go back and manufacture according to the beds they brought”.

He stated that his company went to court in 2009 after the Ghana @ 50 Planning Committee had failed to pay the full amount of the cost of the product supplied.

A judgement debt of GH¢207,356.62 was then delivered in October 26, 2009.

There was, however, no contest from the Attorney General’s Department which was a representative of government at that time.

The Ministry of Finance and Economic Planning failed to pay the said amount on time. But just when it did, Latex Foam went back to court to request for an interest of GH¢12,000 to be paid to it since the judgement debt was not paid on time; a request the court granted.

The Sole Commissioner, Justice Yaw Apau, was concerned that “there was no competitive bidding for the supply of the products and the fact that all the mattresses were not supplied till after the function”.

The witness tendered documents of invoices and waybills covering the supply of the goods, as well as other relevant documents stating the request for the supply of the products.

Mr. Sorkpor requested the witness to later furnish the Commission with documents on the writ of summons in respect of their claim before the court.