ADAMU YAHAYA MOHAMMED VS ADAMS YALWEH DUWIEJAH & ANOR

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.