FRANCIS YEBOAH SEKYERE v. ADRI S. HOPSON
2018
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant for USD$27,753 with interest, claiming the Defendant failed to deliver goods after receiving payment. The Defendant denied liability and counterclaimed for damages. The court found in favor of the Plaintiff, establishing the Defendant's liability for USD$23,520 but not the additional interest claimed by the Plaintiff. The Defendant's counterclaim was dismissed due to lack of evidence.
JUDGMENT
i. Introduction:
[1] On the 11th day of November 2016, the Plaintiff caused the writ of summons accompanied by a statement of claim to issue against the Defendant claiming the following reliefs:
a. Repayment of an amount of Twenty-Seven Thousand, Seven Hundred and Fifty Three United States Dollars (USD$27,753).
b. Interest on the said amount at the current Bank of Ghana rate of interest fixed at 7% from 1st July, 2015 till date of final payment
c. Any other reliefs deemed fit by this Honourable Court
[2] The Defendant entered appearance on January 17, 2017 and subsequently filed a Statement of Defence on January 31, 2017 and denied liability for the Plaintiff’s claim and counterclaimed as follows:
i. An order directed against Plaintiff for Defendant to recover GH¢8,000.00 from Plaintiff for unlawfully detaining Defendant’s 2 bedroom house located at Tuba with the aid of the Police.
ii. An order for recovery of GH¢1,500.00 from Plaintiff with interest from June 2015 till date of final payment.
iii. An order for Defendant to recover from Plaintiff GH¢2,000.00 with interest from December 23 2015 till date of final payment.
iv. A declaration that Defendant does not owe Plaintiff.
v. An order for cost in Defendant’s favour including legal fees.
vi. Damages specific, punitive and general.
vii. Any other order the Honourable Court deems fit and proper in Defendant’s favor.
viii. An order directed on Plaintiff for the immediate return of Defendant, unnumbered house located at Tuba.
ii. The Issues set Down for Determination:
[3] The Plaintiff filed a reply and defence to counterclaim on March 31, 2018. At the close of pleadings the following issues set out in the Application for Directions and the Additional Issues were all adopted for trial by the Court. These are:
a. Whether or not the Plaintiff arranged for an amount of Twenty-Three Thousand, Five Hundred and Twenty US Dollars (USD$23,520) to be sent to the Defendant in China for the purchase of goods in China for the Plaintiff
b. Whether or not the Defendant failed to do the purchase and kept the money for himself.
c. Whether or not the Plaintiff got the Defendant arrested in Ghana in connection with the refund of the above money.
d. Whether or not the Defendant agreed to refund the money with interest amounting to Twenty-Seven Thousand, Seven Hundred and Fifty-Three United States Dollars (USD$27,753).
e. Whether or not the Plaintiff is entitled to all the reliefs sought.
f.