JAMES NII ADDY v. WILLIAM SARFO AND GEORGE BERKO

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