AGATHA GAMA v. AGBOAGYE KINGSLEY

The Plaintiff commenced the instant action against the Defendant for the following reliefs:

1. An order for the Defendant to release the Plaintiff’s container store and table- top refrigerator at Nkurakan which the defendant has unlawfully ceased from the Plaintiff.

2. Recovery of an amount of GHC1,000.00 which the Plaintiff gave to the defendant as loan with the promise to pay back in two weeks’ time but the Defendant has failed to do so since June, 2019.

3. Interest on the said amount at the current bank rate since June, 2019.

The Plaintiff’s case per her witness statement is that she was in a concubinage relationship with the defendant from the year 2015 to November 2019 after which they separated. She added that during the pendency of the said relationship at Nkurakan she put up a container store and bought a table table-top refrigerator with the intention to operate cloth selling business. She relocated to Somanya and decided to bring the container store together with the table-top fridge along to start her business but the defendant prevented her from having access to same and had taken the said container store and table – top fridge to an unknown destination. She reported the matter to the Nkurakan police who invited both parties for settlement which failed due to the inability of the defendant to co-operate.

According to the Plaintiff she gave a loan of GHC1,000.00 to the defendant on request and promised to pay back in two weeks’ time but failed to do so since June, 2019 after several demands.

In the evidence of the defendant he stated that he provided the needs of the concubinage relation and gave her GHC600.00 to operate petty trading which she invested in porridge business and failed. He then put the Plaintiff into hairdressing apprenticeship which was also not successful due to the Plaintiff’s attitude towards the work. He then gave GHC400.00 to the Plaintiff to invest in trading which also was not successful.

According to the defendant he decided to put up a container for the Plaintiff to do business in same so he gave her GHC400.00 to look for a plot of land by the road side where the container would be placed after it has been constructed. He added that the plaintiff neither looked for the said plot nor returned the GHC400.00 to him.

He further stated that the Plaintiff started amorous relations with other men so he changed his mind as regards the construction of the container for her and added that the Plaintiff is currently mar