EMELIA HOLME v. DR. NII ARMAH JOSIAH ARYEH

On 15-06-2009 Emelia Holme, the Plaintiff herein, caused a writ to be issued in this court against Dr. Nii Armah Josiah Aryeh, in which she claims the following reliefs:

(i) An order that Defendant pays to the Plaintiff the outstanding amount of £22,000 or its cedi equivalent.

(ii) Interest on the sum of £22,000 of 100% from the agreed date until the date of final payment.

(iii) Costs.

In the accompanying statement of claim the Plaintiff avers that in or about the year 1997 she and the Defendant met in the United Kingdom and fell in love. In 1998 they returned to Ghana and whilst in Ghana the Defendant requested for a financial assistance from her to the tune of £22,000 which the Defendant used to complete the construction of his house among other things. There was an understanding between the parties that the Defendant would refund the said £22,000 to the Plaintiff and the Defendant as evidence of that understanding acknowledged his indebtedness in writing on 25-05-1998.

The Plaintiff avers further that between January, 2006 and December 2007, she visited the Defendant both at his work place at the University of Ghana, Legon and his home for the latter to fulfill his promise but he failed or refused to do so. This prompted the Defendant to institute the instant action.

The Defendant in his defence among others denies owing the Plaintiff and also denies acknowledging his indebtedness in writing on 25-05-1998 and emphasized that he never met the Plaintiff on 25-05-1998. In any case the Defendant avers that the Plaintiff’s action is statute-barred by virtue of the Limitations Act, 1972 (N.R.C.D. 54).

At the application for directions the issue of whether the Plaintiff’s action is statute-barred was set down for legal arguments.

By Section 4(2) (b) of NRCD 54 an action founded on simple contract, like the instant action, is statute-barred after the expiration of six years from the date on which the cause of action accrued. It is however provided in Section 17 of NRCD 54 that the right of action accrued on, and not before the date of acknowledgement.

“The first issue therefore to determine in deciding whether a right of action is statute-barred is the time the cause of action accrues. This is clear from the wording of Section 4(1) of NRCD 54. It states as follows: “A person shall not bring an action after the expiration of six years from the date on which the cause of action accrued …” (my emphasis).

The instant ac