Try asking the following...
Try asking the following...
October 11, 2023
HIGH COURT
GHANA
CORAM
The plaintiff, per the reliefs endorsed on his writ of summons and particulars of claim, is claiming from this court;
(a) Recovery of cash, the sum of Two Thousand Eight Hundred and Forty Ghana Cedis only (Ghc 2, 840.00)
(b) Cost
The defendant failed to appear on the first date the suit was called, the court took evidence and adjourned for the defendant, in the interest of justice to cross-examine the plaintiff. Upon an issue of hearing notice on the defendant, he caused an appearance on 14 August 2023 and admitted liability for an amount of Ghc1,700.00, accordingly, proceedings continue in respect of the remainder of Ghc 1140.00. Proceedings of 26 July 2023 were read to the defendant, and he cross-examined the plaintiff, and proceedings climaxed into today's write-up.
THE CASE OF THE PLAINTIFF
In his oral evidence in chief, the plaintiff said he owned a taxi vehicle with his wife. Since he already had a vehicle he gave the taxi to the defendant, who was introduced to him by a friend. The plaintiff testified it was agreed that the defendant pays Gh¢50.00 a day and the payment was to be made weekly on every Sunday. He continued that the defendant accounted for sales from June to September 2022.
The plaintiff testified he ventured into coconut business so when he returned in December 2022, he noticed the defendant had failed to make payments for two weeks of sales. He searched for the defendant to no avail. Within that period, the sales had now accumulated to two months sales arrears.
The plaintiff stated that he had discussions later with the defendant and realised that he had used GH¢1000.00 of the sales, and it remained an amount of GH¢1400.00. Instead of taking the vehicle from the defendant, they decided it would be difficult for the defendant to pay the arrears. Hence, they extended the defendant's driving curfew from 6 p.m. to 8 p.m.
The plaintiff testified further that they made the arrangements with the defendant's landlord, where it was agreed that the defendant would make a weekly payment of GH¢200.00. Subsequently, he made payment for only the 1st week but has defaulted to make any other payment. That an additional month of arrears has now added up to the earlier two months' arrears in sales. When they decided to take the car from the defendant, the fuel tank was also empty, so they obviously added an amount of Ghc 440.00 as fuel cost. Thus, in total, the defendant owed the plaintiff a total amount of GH¢2,840.00. All attempts made to col
AI Generated Summary
Her Worship Bernice Mawusi Kpodo of the District Court adjudicated a dispute arising from a taxi sales arrangement between a taxi owner and a driver introduced by a friend. The owner and his wife permitted the driver to operate their taxi under a GH250-per-day remit, paid weekly on Sundays. After months of proper accounting, arrears accumulated during the owners absence for a coconut business. The driver acknowledged using GH1,000 and owing GH1,400, and an agreement with his landlord set GH200 weekly payments; only the first payment was made. Witnesses Augusta Akomanyi and Daniel Quansah corroborated nonpayment and discussions. The driver raised vehicle faults, an accident and a cracked glass he replaced for GH300, alleged a curse linked to a GH1,700 loan, and accepted owing GH1,700 plus GH400 fuel, paying GH200. The court, applying Ghanas Evidence Act and civil-standard authorities, found the owner credible, discounted the drivers shifting explanations, computed GH940 as the remainder on the undisputed balance, and awarded interest at 20% and costs of GH500.