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DAN ROD AMUDZI v. JOHN KWABLATSE AMLI

2004

COURT OF APPEAL

GHANA

CORAM

  • R. C. Owusu, J.A Presiding.
  • J.B. Akamba, Justice of Appeal.
  • Anin-Yeboah, Justice of Appeal

Areas of Law

  • Contract Law
  • Banking and Finance Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

J.B. Akamba, J.A., writing for the Ghana Court of Appeal, affirmed a High Court judgment arising from a 1977 group loan obtained by the Atiavi Multi Purpose Co-operative Society from the Agricultural Development Bank (ADB) at 31% interest. The Society disbursed the thirty million cedis among its members; the defendant/appellant received thirteen million cedis but defaulted, leaving 13,622,489 cedis unpaid. The High Court entered judgment for 14,312,391 cedis and awarded 3.5 million cedis in damages. On appeal, the appellant primarily challenged the respondent-president’s capacity to sue and argued that the judgment was against the weight of evidence. The Court of Appeal held the Society had representative capacity to recover from defaulting members to protect its liability to ADB, relying on PW2’s testimony and authority recognizing representative actions and the effect of failing to cross-examine. Finding ample support for the trial court’s findings, the Court dismissed the appeal and awarded the respondent three million cedis in costs.