GRACE OWUSU v. AUGUSTINE OPOKU
2017
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A.
- A. M. DOMAKYAAREH (MRS.), J.A
Areas of Law
- Civil Procedure
- Contract Law
2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This is an appeal from a High Court decision involving a creditor (appellant) seeking recovery of US$30,000 or its cedi equivalent from the debtor (respondent), who counterclaimed for various expenditures. The trial court awarded GH¢51,000 to the appellant based on the respondent's admission but dismissed the counterclaim. Both parties appealed. The appellate court upheld the judgment amount in cedis, awarded interest to the appellant, and partially allowed the respondent’s counterclaim for US$1,000 and GH¢500.
JUDGMENT
DOMAKYAAREH (MRS) J A
1. This appeal is between a creditor and a debtor but with more nuances than that which require unraveling. The trial was held at the High Court, Kumasi, Commercial Division and judgment was delivered on 31st March 2015.
2. The appellant, who was the plaintiff in the trial court, had a very simple case. She sued the defendant/respondent for recovery of an amount of US$30,000.00 or its cedi equivalent of GH¢90,000.00 being financial assistance given to the defendant to boost his business but which amount the defendant had refused/failed to refund despite repeated demands and for interest thereon from 31st January 20012 till the date of final judgment.
3. She stated the basis of her claims per her Statement of Claim as follows: She averred that she is ordinarily resident in the United States of America. She therefore brought the action per her Lawful Attorney, one Daniel Ankomah. She said the defendant is a trader who plies his trade between Ghana and the United States of America. She stated that on 24th November 2010, at the request of the defendant, she gave him US$10,000.00 as financial assistance to boost his business. The Agreement Note evidencing this was tendered at the trial as Exhibit ‘B’. The plaintiff said she subsequently gave an additional US$20,000.00 to the defendant to bring the total to US$30,000.00. The document executed to that effect was tendered in evidence as Exhibit ‘C’. The plaintiff said when the time became due for the defendant to refund the money he failed to do so and all calls made to him to refund the money proved futile hence her claims against the defendant as per her Writ of Summons which she filed on 3rd June 2014.
After some early skirmishes in the trial including the issuing of an absconding warrant against the defendant, the defendant filed his Statement of Defence and a Counterclaim 3rd July 2014.
4. The defendant generally denied the plaintiffs’ claims. He said he rather plies his trade between Ghana and Germany. In answer to the US$10,000.00 he averred that the plaintiff rather gave him GH¢14,600.00 to boost his business so that they will share the profit that will accrue from the business. Regarding the additional US$20,000.00 the defendant averred that the plaintiff shipped two (2) cars – Toyota Matrix and Toyota Camry from the United States to Ghana for him to take delivery, sell same and remit the amount realized to her, which he did. The defendant mounted a hostile monetar