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JUDGEMENT
This is an appeal against the judgment of the High Court, Accra dated the 27th day of July, 2021 dismissing both the Plaintiff’s claim and the
Defendant’s counterclaim. Dissatisfied with the judgment, the Plaintiff/Appellant herein mounted the instant appeal on the 29th day of September, 2021 against the said judgment on the following grounds;
a. The judgment is against the weight of evidence on record.
b. Having found that the 1st Defendant/Respondent took a loan of GHȼ4,000,000.00 from the Plaintiff/Appellant, the learned trial judge erred in holding that the Plaintiff/Appellant did not discharge the burden of proving the debt.
c. The learned trial judge erred when she found that there was no evidence on record to suggest that the 1st Defendant/Respondent owed the Plaintiff/Appellant the amount of GHȼ9,729,218.71.
d. The learned trial judge misapplied section 26(1) of the Evidence Act,
1975 (NRCD 323) when she required proof from the Plaintiff/Appellant on matters previously admitted by the Defendant/Appellant. The misapplication of the law has occasioned the Plaintiff/Appellant a miscarriage of justice.
e. Additional grounds of appeal may be filed upon receipt of the full record of proceedings
For the purposes of this judgment, the parties herein shall maintain their respective designations that pertained at the trial high court. In that regard, the Plaintiff/Appellant shall be referred to as the Plaintiff and the Defendants/Respondents, as 1st and 2nd Defendants respectively.
The Plaintiff on the 12th day of November, 2018 initiated an action at the high court against the Defendants herein for the following reliefs:
a. The recovery of the sum of Nine Million, Seven Hundred and TwentyNine Thousand, Two Hundred and Eighteen Ghana Cedis SeventyOne Pesewas (GHȼ9,729,218.71) being the outstanding balance on the loan facility advanced to the 1st Defendant by the Plaintiff and secured by the 2nd Defendant as at 7th November 2018.
b. Interest on the said sum at the agreed interest from 7th November 2018 till date of final payment.
c. Costs, inclusive of Lawyer’s fees assessed at 15% of claim Or in the alternative.
d. A judicial sale of the mortgaged property known and described as all that piece of land No. 67 Block 4, Section 5216 situate, lying and being at Daban Kumasi in the Ashanti Region of the Republic of Ghana in favour of Plaintiff.
e. Cost, inclusive of Lawyer’s fees ass