AFISATA YAKUBU OF WENCHI v. SARIKI IDDRISU AND MMA RAHINA

J U D G E M E N T

The plaintiff herein sued the defendants jointly and severally claiming from them

the following;

(a) Cash the sum of GH₵11,300.00 .

(b) General damages for breach of agreement.

(c) Cost and interest from May,2020 on the GH₵11,300.00 till date of final payment

The 1st defendant was not served the summons. However the 2nd defendant (D2)

was served and she pleaded not liable to the claims of the plaintiff after same were read

and explained to her (D2).

The evidence led by the plaintiff in proof of her claims consisted of her testimony

and that of her two (2) witnesses (P.W.1 and P.W.2).

The plaintiff told the court in her evidence in chief that she is Afisata Yakubu and

that she is a trader and lives in Wenchi. That she (plaintiff) knows 2nd defendant as well

as 1st defendant. That 1st defendant is the daughter of 2nd defendant. Plaintiff said she gave

1st defendant money to buy maize for her (plaintiff). That 1st defendant initial bought

some maize for her (plaintiff) but on the third occasion she (plaintiff) gave money to 1st

defendant to buy her (plaintiff) maize but 1st defendant failed to buy the maize and did

not also refund the money.

That she demanded the money but 1st defendant kept giving excuses. Plaintiff said

she later went and met 2nd defendant who is the mother of 1st defendant. Plaintiff said she

told 2nd defendant what happened between her (plaintiff) and 1st defendant. That later 2nd

defendant came to her house and said she (D2) had spoken with 1st defendant and 1st

defendant admitted she (D1) took her (plaintiff) money. Plaintiff said 2nd defendant then

told her (plaintiff) she (D2) will pay the money to her (plaintiff). Plaintiff said 2nd

defendant then asked for one (1) month to pay. Plaintiff said she waited but 2nd defendant

never paid. Plaintiff said when she went to 2nd defendant she said the daughter (D1)

promised to give her (D2) some money but has not done that. 2nd defendant then asked

her to still wait plaintiff said she later went and met the two defendants (D1 and D2) and

they promised again to pay but they never did. Plaintiff said that is why she come to

court. When told she (plaintiff) only came to inform her (D2) her daughter (D1) owed her

(plaintiff). Plaintiff said that is so.

When told she (D2) said she will ask 1st defendant, plaintiff said yes and that 2nd

defendant said she will pay the money. When told she (D2) was not there when plaintiff

gave the money to 1st defen