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February 17, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
INTRODUCTION
1. This judgment relates to recovery money.
2. The plaintiff described himself as a baker while the defendant is a farmer. On 7
th
November, 2022 the plaintiff instituted this action against the defendant for the
following reliefs:
a. The recovery of GHS3,500.00 being loan requested by the defendant from
plaintiff in 2019 to harvest his farm produce and promised to pay back by
June 2019, but defendant had failed to pay.
b. Payment of interest from November, 2019 to date of final payment.
c. Costs.
3. The defendant pleaded not liable to plaintiff’s claim. Parties indicated intention to
settle and were referred to ADR but they returned that the settlement had broken
down. The case was then set down for trial.
4. Below are the respective cases of the parties.
PLAINTIFF’S CASE
5. Plaintiff’s evidence was straight to the point, “defendant took GHS3,500.00 in June
2019. But he had failed to pay. Defendant was to pay in 6months time that ended in
December, 2019. That is all.” He called no witnesses ortendered any exhibit in support
of his case.
DEFENDANT’S CASE
6. Defendant, on his part, filed a witness statement. In his evidence, he stated that he
borrowed GHS3,000.00 from plaintiff and promised to pay back after the harvesting
season but the produce were not enough to sell and pay back. He indicated that he
was to pay interest of GHS300.00 per month. Upon payment of the interest for the first
two months, he informed the plaintiff that he would pay for the principal, but the
interest he cannot, which the plaintiff agreed. He averred that the plaintiff then took
his motorbike indicating that when he (defendant) pays the money, the motorbike
will be returned. Defendant stated further that plaintiff was using the motorbike for
his business. In 2021, he had plaintiff’s money and therefore asked for the return of
his motorbike, but the motorbike had been damaged. So both parties took it to the
mechanic shop which costed GHS800.00 for the repairs. Defendant stated that after
the repairs, he deducted the GHS800.00 and gave the plaintiff the remaining
GHS2,200.00. He tendered in evidence, Exhibits 1 and 1A - copies of the invoices for
the repairs dated 31st May, 2021. To defendant, all had been concluded only to return
from the farm in October 2022 to sight a writ of summons from the plaintiff. He,
therefore, prayed the court to put this matter to rest.
ISSUES FOR DETERMINATION
7. The issues borne out
AI Generated Summary
In a Ghanaian Magistrate Court presided over by H/W D. Annan Esq., a baker sued a farmer to recover a loan he alleged was GHS3,500, with interest and costs. After an unsuccessful ADR attempt, the matter proceeded to trial. The plaintiffs evidence was limited to his bare assertion. The farmers account was more detailed: he admitted borrowing GHS3,000 at GHS300 monthly interest, paid GHS600 interest for two months, and, by agreement, ceased paying interest while committing to repay the principal. The plaintiff took and used the defendants motorbike, to be returned upon repayment. In mid-2021 the bike was repaired for GHS800, evidenced by invoices, and the defendant paid GHS2,200 (principal net of repairs) and retrieved the bike. Cross-examination confirmed the plaintiff received GHS2,200 and GHS600 interest and knew of the repair cost. Applying the Evidence Act and precedents on burden of proof and denied averments, the court held the plaintiff failed to prove a GHS3,500 loan and found the debt fully discharged, dismissing the suit.