AGATHA GAMA v. AGBOAGYE KINGSLEY

In the District Court at Nkurakan, presided over by His Worship Michael Derek Ocloo, a former concubinage partner sought orders for release of a container store and table-top refrigerator and recovery of GHC1,000 allegedly loaned to her former partner. She testified that she prepared the container and bought the fridge at Nkurakan, later relocating to Somanya, but her former partner blocked access and removed the items; she also claimed he failed to repay the GHC1,000. The Defendant denied a container existed, said the freezer was his household purchase, and characterized the money as support rather than a loan, while highlighting financial assistance he provided and the Plaintiffs failed trading and apprenticeship. Applying the civil burden of proof and principles on failure to cross-examine (Lamptey alias Nkpa v Fanyie; Quagraine v Adams; Evidence Act s.14), the court deemed aspects of the Plaintiffs testimony acknowledged where the Defendant failed to challenge them, found the Plaintiff discharged her burden, and ordered return of the chattels and payment of GHC1,000. However, the court denied interest due to insufficient proof that the money was a loan.