GODFRED NANA ADU DARKO vs AMENFIMAN RURAL BANK

In the Plaintiff’s substantive relief, he claims against the Defendant, an Order compelling the Bank, to release the deed of discharge on H/No. Plot 5, 1st Avenue, Aboabokese, Atwima-Kwanwoma District, Ashanti to him.

This relief, from the evidence before the Court, is contingent on Exhibit “B”. This Exhibit is Terms of Settlement executed between the parties in Suit No. BFS/12/2021, entitled:

Amenfiman Rural Bank Ltd

Vs

1. Rev Goddy Enterprise 2. Gloria Poku

In pleading, it was contended by Plaintiff at paragraph 19 of his Statement of Claim that, he fulfilled his obligation under the Terms of Settlement before September, 2023.

The basis for Plaintiff stating that, he fulfilled his obligation under Exhibit “B”, the Terms of Settlement was pleaded in paragraphs 17 and 18 of the Statement of Claim as follows:

“17. The Plaintiff states that on 5th July 2023, he received a message from the Senior Credit Officer of the Defendant (Felix Barfo) which stated that his total outstanding debt was Sixty-Three Thousand, Three Hundred and Fifty-Three Ghana Cedis (GH₡63,353.00).

18. The Plaintiff further states that based on the amount stated by the Felix Barfo, he made a one-time payment of the Sixty-Three Thousand, Three Hundred and Fifty-Three Ghana Cedis (GH₡63,353.00) on 13th July 2023.”

At paragraph 2 of the Statement of Defence, the Defendant denied the above averment of the Plaintiff, that is paragraphs 17 and 18 of the Statement of Claim.

The onus of proof is therefore on the Plaintiff to proof that, he paid an amount of GH₡63,353.00 as full and final settlement of his indebtedness to the Defendant Bank.

See Sections 10(1) and 11(1) of the Evidence Act, NRCD 323.

To proof payment of the said GH₡63,353.00, as full and final settlement, the Plaintiff tendered Exhibits “D”, “D(1)”, “D(2)”, “D(3)” and “E” .

Evaluation of Exhibits “D), “D(1)”, “D(2)”, “D(3)” and “E”.

The Court reproduces the conversation that took place between the said Felix Barfo representing the Defendant Bank and the Plaintiff:

“Exhibit “D”: Felix Barfo A…. Wednesday, Jul 5, 2023. 10:44AM Texting with Felix Barfo (SMS/MMS) Your pastdue bal is GH₡63,353 as at today 5/06/23 Pls let me know when you are Making payment

Is that the total outstanding debt

Exhibit “D(1)”:

Felix Barfo A…. Is that the total outstanding debt from your records right?

Is pastdue bal. What you are expect to pay by now and yet to be paid