DAVID ASARE v. MIKE ASOMANI

DOTSE , J.A:- This is an appeal from the judgment of the High Court, Accra

dated 16th July, 2004. In that judgment, the learned trial justice of Appeal,

sitting with additional responsibility as a High Court Judge, delivered judgment

in favour of the Plaintiff/Respondent, hereafter referred to as the Plaintiff and

against the Defendant/Appellant hereafter referred to as the Defendant.

In the High Court, the Plaintiff claimed against the Defendant, the following

reliefs:-

(a) Payment of the sum of $37,400 or its equivalent in cedis at the current

exchange rate.

(b) Interest on the aforesaid sum of money from December 1991 until

judgment.

FACTS

Due to the special circumstances of this case, it is necessary to set out in

some detail the facts of the case.

The Plaintiff commenced the instant suit against the Defendant on 16th July,

1992. The action arose as a result of an agreement entered into between the

parties in or about September, 1991. By that agreement, the Plaintiff was to

transfer an amount of $17,000 to the Defendant’s Barclays Bank PLC, 414

Kennington Road, London.

The said amount was duly transferred and was to attract interest at the rate of

120% in favour of the Plaintiff every three months.

By the Plaintiff’s calculation, the interest and the principal amount due and

owing was this amount of $37,400 at the time of the inception of the writ of

summons on 16th July, 1992.

The Defendant resisted the plaintiff’s claims and contended that the

agreement entered into between them was to be a joint business with the

plaintiff providing the capital and the Defendant labour. The Defendant

therefore contended that, it was the type of business they decided to enter

into which did not move fast enough on the Ghanaian market. This was due to

the fact that the particular drugs he the Defendant imported into the country

was unknown to the market.

On the 10th day of March, 1993, summons for Directions and the Additional

issues were set down for hearing by the learned High Court Judge.

Actual hearing of the suit commenced on 5th day of July, 1993 at the High

Court when the plaintiff’s Lawful Attorney, Pastor Felix Asare testified.

The Defendant on the other hand testified on 4th November, 1993 and called

one witness, DW1 Seth Ofosu Asiamah.

On the 12th day of May, 1994, the Defendant closed his case whereupon the

learned trial judge directed both counsel in the matter to file written addresses

on or by 30th June, 1994.

We