ABEDNEGO DAKPO v. NANA JOB SARPONG

JUDGMENT

Plaintiff on 13/04/23 was issued out of the Registry of this court a writ of civil summons

claiming;

1. An amount of GH¢53,000 from the Defendant.

2. Cost

These reliefs the defendant admitted GH¢30,000 but denied the remaining GH¢23,000.

So judgment was given on the amount the defendant admitted

This judgment is therefore in respect of the remaining GH¢23,000 the defendant denied

liability.

THE PLAINTIFF’S CASE

Besides himself, the plaintiff called two witness.

The evidence of the plaintiff was that he advanced an amount of GH¢30,000 to the

Defendant as a financial assistance. The plaintiff stated that they all agreed that the

defendant would refund the entire amount within Four (4) months and would pay 20%

each month as interest and a document to that effect was executed. According to the plaintiff at the expiration of the Four (4) months, the Defendant has

still not paid the remaining GH¢26,000.00 so same increased to GH¢53,000 per the

interest they all agreed on which the Defendant agreed to pay in presence of witnesses

when he could not meet the deadline.

Pw1, Gyamfi Buadu’s evidence corroborated the evidence of the plaintiff in all material

respects. According to pw1, the Defendant agreed to pay all the interest which would

accrue from December, 2022 when he could not settle the entire GH¢54,000.

Pw2, Nana Appiah also corroborated the evidence of the plaintiff.

Suffice it to say that the plaintiff closed his case after the evidence of pw2.

TH DEFENDANT’S CASE

The Defendant’s evidence was that he needed financial assistance so the plaintiff gave

him GH¢30,000 and they agreed on 20% interest per month and a document to that

effect was executed and all the parties accented.

According to the Defendant he paid GH¢28,000 but could not finish full payment

because his contract with Newmont was terminated

He concluded that he owes the plaintiff GH¢26,000 but not GH¢53,000.

He denied agreeing to pay interest on the additional months. Beside the 4 moths

The defendant closed his case after his evidence.

ISSUES

The following issues arose for determination by this court;

1. Whether or not the parties agreed on 20% as interest per month.

2. Whether or not the plaintiff is entitled to his claim.

NOW THE ISSUES

Issue One – Whether or not the parties agreed on 20% as interest per month.

The plaintiff was emphatic that before he advanced the GH¢30,000 to the Defendant,

they all agreed that 20% interest would be paid on