Try asking the following...
JUDGMENT
The Plaintiff herein issued out his Writ of Summons jointly and severally
against the Defendants claiming as follows:
a) Cash the sum of One Hundred Thousand Ghana Cedis
(GH¢100,000.00) consisting of the principal sum of Fifty Thousand
Ghana Cedis (GH¢50,000.00) Defendants borrowed from the Plaintiff
on 12th November 2017 for four (4) months and interest of Fifty
Thousand Ghana Cedis (GH¢50,000.00) for four (4) months which
principal sum with interest of One Hundred Thousand Ghana Cedis
(GH¢100,000.00) became due and payable from 24th March 2018 but
which Defendants have failed to pay.
b) Interest on the sum of GH¢100,000.00 at the Commercial Bank Rate
from 24th March 2018 till final payment.
c) Damages for breach of contract.
d) Cost.
On the 18th October, 2018 this Court differently constituted entered final
judgment against the 1st Defendant on Plaintiffs reliefs (a) and (b). The
Court then constituted entered Interlocutory Judgment against the 1st
Defendant on Plaintiff’s Relief (c). No cost was also awarded against the 1st
Defendant in respect of his Relief (c) which prayed for costs as well as
Reliefs (a) and (b).
Plaintiff’s Case:
On the 12th November 2017, the Defendants approached the Plaintiff for a
loan of GH¢50,000.00. The Defendants promised the Plaintiff to pay the
loan of GH¢50,000.00 after four (4) months and further pay an interest of
GH¢50,000.00 to the principal sum. The Plaintiff gave the said loan to the
Defendants.
The 2nd Defendant then relinquished his land document and building plan
to the Plaintiff as collateral security for the loan. The Defendants further
executed a document evidencing the contract.
According to the Plaintiff the repayment date of 24th March 2018 has elapsed
but the Defendants have refused or neglected to repay the GH¢50,000.00
with the agreed interest of GH¢50,000.00 despite repeated demands by the
Plaintiff.
2nd Defendant’s case:
2nd Defendant admits that both Defendants took a loan of GH¢50,000.00 at
an interest of GH¢50,000.00 to be paid within four (4) months from the
Plaintiff’s wife.
2nd Defendant adds that after some negotiations between him and the 1st
Defendant, the 1st Defendant absorbed the loan. This had been captured in
the Memorandum of Understanding they entered into. In effect the 1st
Defendant had taken upon himself to be responsible for the loan the
Defendants contracted from the Plaintiff.
According to the 2nd Defendant when the 1st Defendant was delay