ABLA ANYIDOHO v. AMA AGBETAWOKPOR

INTRODUCTION/BACKGROUND:

Per an Amended Writ of Summons filed on the 12th August, 2020 in this Court, the

Plaintiff prayed for the following reliefs against the defendant;

a. Recovery of an amount of GH₵10,065.76 being the principal and monthly interest of 6% on a

loan of GH₵4,000.00.

b. Interest at 6% every month on the said amount effective August 2020 till final date of payment.

c. Cost.

CASE OF THE PLAINTIFFS

The plaintiff states that sometime in March, 2018 the defendant who presented herself as

an agent of Dickmafle Money Lending Company led her to acquire a loan of an amount

of GH₵4,000.00 at a monthly interest rate of 6%.

The plaintiff states that at the time, she only needed an amount of GH₵2,000.00 but the

defendant convinced her to take an amount of GH₵4,000.00 so she can give her the

remaining GH₵2,000.00.

The plaintiff states that she agreed with the defendant that each of them will contribute

towards the repayment of the loan with the interest and that each of them was to pay an

amount of GH₵320.00 every month for the loan repayment period of ten (10) months.

The plaintiff states that she honoured her part of the agreement by sending GH₵320.00

every month for Nine (9) months to the defendant for the defendant to also add her

GH₵320.00 to make a total of GH₵640.00 and pay to Dickmafle Lending Company

Limited.

The plaintiff states that while she complied with the terms of their agreement the

defendant failed to honour her part until the 9th month when she was arrested by the

police for defaulting in payment.

The plaintiff states that after her arrest she pleaded for an extension of additional nine (9)

months to pay off the loan within which period she convinced the defendant to perform

her part of the agreement but she refused to comply till date.

The plaintiff states that the outstanding principal together with the interest had increased

to GH₵10, 065.76 as at July, 2020 and all efforts made by her for the defendant to fulfil

her part of the agreement proved futile.

THE CASE OF DEFENDANT

In a defence filed on 10th November, 2020 the defendant denied the claim that she

presented herself to the plaintiff as an agent of the Dickmafle Money Lending Company.

The Defendant stated that she had previously led other people to the company which

belong to her former husband to acquire loan and that it was the plaintiff who called on

her to accord her a similar assistance.

The Defendant denied receiving part of the loan