BANK OF AFRICA v. AKUAFO ADAMFO MARKETING CO. LTD & ANOTHER

The Plaintiff, a banking institution, issued a Writ of Summons against the Defendants on 5th April, 2016, who are the 1st Defendant—a Ghanaian company—and the 2nd Defendant—a Swiss company and 100% shareholder of the 1st Defendant. The Plaintiff sought payment of an outstanding amount on a facility, along with interest and legal costs. After the Defendants filed defenses and failed to reach a settlement at the Pre-trial Conference, the case proceeded to trial. The court examined the issues of whether the Defendants owed the Plaintiff the amount claimed and whether the Plaintiff was entitled to the reliefs sought. The Court emphasized the need for proof by a preponderance of probabilities in civil cases, citing multiple previous cases and the Evidence Act 1975, pointing out that both the burden of persuasion and the burden of producing evidence rested with the Plaintiff initially. Defendants contested that they were not indebted due to an oral promise made by the Plaintiff and claimed they had settled their dues. The Court evaluated the evidence and found that the Plaintiff had met its burden of proof by presenting relevant account statements and other documents. The Defendants failed to produce sufficient evidence to support their claims. Eventually, the Plaintiff was awarded the claimed amount, interest, and legal costs.