BARIMAH AYIMPOAKWA AYEH CHIEF OF AKYEM AKWATEN v. ACHIMEDES CHAM (ALIAS OLUMAN)

Plaintiff claim against the defendant is for recovery of GH₵4,300.00 being the total

amount of various financial assistance the defendant took from the plaintiff to establish

his sawmill. And GH₵600.00 incidental expenses as well as an award of costs.

The case for the plaintiff is that he is the chief of Akyem Akwateng and the defendant a

sawmill operator at Akyim Larbikrom. Plaintiff asserts on or about October 2020,

defendant contacted him for money to establish a Sawmill at Akyem Larbikrom. The

verbal agreement between plaintiff and defendant was that if the plaintiff is able to help

him install his machines, the quantity of wood produced will be sold to him for which

the plaintiff obliged. Thereafter the defendant collected various sums of money from him

amounting to GH₵4300.00 but the defendant failed to supply but rather sold the lumber

to prospective buyers. As a result the plaintiff asked the defendant for a refund, but this

did not yield the desired result. Plaintiff intimated in pursuit of the refund, he incurred

additional transport expenses of GH₵600.00 wherefore he claims per the writ of

summons. Plaintiff intimates in the course of time defendant went to him for extra money

so he contacted somebody in Accra who expressed interest to buy some of the wood and

sent some money to the defendant through Mobile Money. He was to load about 1200

lumber. When he approached the defendant the load was less of 80 pieces. Defendant

said the motor moving the machine was spoilt and needed GH₵1700.00 to fix the

machine. Meanwhile he was embarking on a journey for a funeral so he gave Gyasehene

the money to be sent to the defendant and his boy Francis. Upon his return the defendant

had sold all the wood. Plaintiff further stated he accosted one of the boys working under

the defendant as he was going to Asuom Police station, but the Buyer in Accra asked him

to release him and he gave him GH₵100.00 for fuel. According to plaintiff he observed

defendant had been producing lumber but he was not supplied. So he went to the

defendant’s sawmill to load assorted lumber 350 in number and told Francis a gentleman

working under defendant about it. Francis collected a sum of Gh₵1300.00 to obtain

conveyance at Akim Oda on the wood to transport them to Accra. Defendant reported

that he has stolen his wood so he was arrested at Adonkrono and later brought to New

Abirem Police Station. At the station before the District Commander defendant stated h