ABEIFAA KARBO JENNIFER v. MANDAK ADJEI

JUDGMENT

INTRODUCTION

1. This judgment relates to contract.

2. The plaintiff describes herself as a businesswoman. On 20th September, 2022 the

plaintiff instituted this action against the defendant for the following reliefs:

a. An order for the recovery of the sum of GHS8,475.00 being the balance due

and owing by defendant when defendant collected GHS10,000.00 from

plaintiff for a joint business for which the defendant failed to honour but

only paid GHS1,525.00 leaving a balance of GHS8,475.00.

b. Interest on the principal amount of GHS8,475.00 at the prevailing

commercial bank rate.

c. Costs.”

3. On 3

rd October, 2022 the defendant stated that he had paid GHS6,250.00 out of the

GHS10,000.00 hence liable only to the sum of GHS3,750.00. The plaintiff disputed

defendant’s assertion. The court then entered judgment on admission in favour of the

plaintiff for the recovery of the GHS3,750.00.

4. This judgment, therefore, regards the amount in dispute which stands at GHS6,250.00.

The parties were encouraged to settle, but they returned that they were unable to

settle.

5. The respective cases of the parties herein are detailed below.

PLAINTIFF’S CASE

6. According to the plaintiff on 7

th June, 2021 at about 4:00pm she entered into a joint

venture with the defendant to deal in timber. She stated that she gave out

GHS10,000.00 as seed capital. Also, the parties agreed to share profits 2:1 where she

was entitled to 2/3 and the defendant 1/3. She added that in July 2022 the business

yielded profit of GHS1,500.00 where defendant paid into her mobile money account

the amount of GHS300.00. Later, she went to the shop and requested for 20 pieces of

wood which costed GHS600.00. She stated further that the business on the second

consignment yielded a profit of GHS1,500.00. Again, the defendant paid GHS300.00

into her account. Also, she engaged defendant to repair some fittings in her home

which costed GHS300.00. She added that the defendant, however, failed to pay her

the of GHS400.00 being the remaining balance of her share of the GHS1,500.00 profit.

Not satisfied, she confronted the defendant. But the defendant indicated that the

business was not good. Hence, she demanded for the return of her capital the

GHS10,000.00. She indicated that the defendant admitted owing her the

GHS10,000.00, in the presence of one Pastor and a friend by name Richard. She

admitted that defendant then paid GHS525.00 through the pastor to her. Later t