ADAMU YAHAYA MOHAMMED VS ADAMS YALWEH DUWIEJAH & ANOR
November 21, 2024
COURT OF APPEAL
GHANA
CORAM
- DZAMEFE, JA (PRESIDING)
- ASARE-BOTWE, (MRS) JA
- ARCHER, JA
Areas of Law
- Evidence Law
- Civil Procedure
November 21, 2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Senyo Dzamefe JA, resolved an appeal concerning recovery of USD 50,000 entrusted for safe keeping at the Ghana Embassy in Riyadh. The plaintiff, a Haji agent and Managing Director of Tofa Travel and Tours, had given the money to his niece, Mrs. Saudatu Mohammed (aka Diamma/Fuseina Mohammed), for payment to Azowar Co. When the company was closed, she handed the funds to Embassy Consular Mr. Ibrahim Iddrisu Orlando Abdullah, who later died. The widow (2nd defendant) stated she found the money and delivered it to another Consular (1st defendant), whose driver counted the cash. The plaintiff and his niece were later offered only USD 5,000. The High Court held both defendants jointly and severally liable for USD 50,000 and interest. On appeal, the Court of Appeal assessed the burden of proof and credibility, noting the 1st defendant’s failure to call material witnesses (the driver and the Ambassador), and affirmed the factual findings while varying the order to hold only the 1st defendant liable. The appeal was dismissed except for that variation.
DZAMEFE, J.A:
This is an appeal from the judgment of the Accra High Court dated 25th day of February, 2022.
The plaintiff/respondent issued this writ or the following reliefs;-
i. An order for the recovery of an amount of USD50,000 given to the 2nd defendant by the deceased and handed over to the 1st defendant.
ii. Interest on the said amount in (i) above from July 2017 till the final payment.
iii. Cost including legal fees
iv. Any other reliefs that this court may find just in the circumstances.
I shall start this judgment by giving a brief history of the case.
THE CASE OF THE PLAINTIFF: The Plaintiff states that he is a Travel and Tour Agent and the Managing Director of Tofa Travel and Tours. He alleges that sometime in November, 2016, he travelled to Saudi Arabia to make some arrangements for pilgrims but one company (Azowar Co) was on a break and had not opened for business for which reason he could not make a payment he needed to make there. He states that he gave his niece, Mrs. Saudatu Mohammed aka Diamma an amount of USD 50,000 to make the payment at Azowar Co. before he returned to Ghana. He further alleges that Diamma informed him while he was in Ghana that she had given the money to one Mr. Orlando Abdullah, an officer at the Ghana Embassy in Saudi Arabia for safe keeping since she did not have the requisite documents that would permit her to keep such an amount in her account. Subsequently, Diamma called him to inform him of the demise of Mr. Orlando and added that Mrs. Orlando (2nd Defendant) had called her to tell her that her husband gave her the USD50,000 for safe keeping before his demise. Diamma received a call from the Ghana Embassy inviting her to come for the money. The Plaintiff avers that he went with Diamma to the Ghana Embassy where they met the 1st Defendant who handed them a white envelope supposedly containing the money. The money was counted by the 1st Defendant's driver and it was realized that the sum in the envelope was USD 5,000 whereupon the 1st Defendant called the 2nd Defendant who confirmed on speaker that the money she brought to the 1st Defendant was USD 50,000. The 1st Defendant then assured him and his niece that he will ensure a resolution of the matter. Following this, the Plaintiff says that he reported the issue to the Ghana Ambassador to Saudi Arabia where a meeting involving all the parties was called. At the meeting, it was concluded that the 1st and 2nd Defendants are to look for the money and pay th