ERIC ANNOR KYERE v. MATHEW MENSAH NYANDEMOH

The Plaintiff herein commenced this action claiming the following against the Defendant:

a. Payment of an amount of Nine Hundred Ghana Cedis (GH¢900.00) or refund of

Royal Motor 125 which Plaintiff sold to the Defendant and has refused payment.

b. Interest on the said amount for six (6) months and until final payment.

c. Cost.

The Defendant was duly served with the Writ of Summons Defendant was absent for no

just cause known to the Court. In view of same, the Court proceeded under Order 25 of

the District Court Rules, 2009(C.I 59), to take the Plaintiff’s evidence.

Order 25 r 1(2) (a) provides;

“Where an action is called for trial and a party fails to attend, the trial magistrate may where the

Plaintiff attends and the Defendant fails to attend, dismiss the counterclaim if any and allow the

Plaintiff to prove the claim”

PLAINTIFF’S CASE

It is Plaintiff’s case that in February 2022 he entered into an agreement with the Defendant

to sell his motor vehicle to the Defendant at a price of GH¢2,500.00. The Plaintiff added

that, although the Defendant was supposed to make full payment by the 2nd week in

March 2022, the Defendant has only paid GH¢1,300.00 out of the total leaving a balance

of GH¢900.00. The Plaintiff concluded that unless compelled by this Court the Defendant

will not pay the remaining balance.

In the circumstance the issue that falls for determination is;

Whether or not the Plaintiff is entitled to recover the sum of GH¢900.00 from the

Defendant.

In the case of Nartey v. Mechanical Lloyd Assembly Press Ltd [1987-1988] 2GLR pg 314

Adade JSC stated that:

‘A person who comes to Court, no matter what the claim is, must be able to make a good case for

the Court to consider, otherwise he must fail’.

Sections 11(4) and 12 of the Evidence Act, 1975 (NRCD 323) provides that the burden of

proof on a party in a civil suit should be on a balance of probabilities.

It has been established by the Plaintiff that Defendant has failed to pay the full purchase

price of the motorcycle sold to Defendant by Plaintiff. Per the evidence the Defendant has

refused to pay the outstanding balance of GH¢900.00

As noted supra the Defendant was not present to contradict or challenge Plaintiff’s

evidence since he failed to attend the trial despite having notice of same.

The position of the law is that, the Court ought to accept the evidence led by a party,

where his opponent fails to lead contrary evidence or challenge same under cross-

exam