JOSEPH ADJEI MENSAH v. PAPA OWUSU, ANTIE AFIA, EDWARD BONSU, VIDA ADJEIWAA AND ATTAA

JUDGMENT

The plaintiff caused to be issued out of this court a Writ of Summons against the

defendants for recovery of cash the sum of GH¢14,430.00 being balance of a loan plus

accrued interest on account of the defendants who persuaded him to seek the said loan

to enable them perform the funeral of the late Ebenezer Kwadwo Bonsu which the

defendants have refused to pay back since November, 2020.

The defendants denied liability to the plaintiff’s claim against them and the suit was set

down for hearing.

THE CASE FOR THE PLAINTIFF

The plaintiff avers that after the death of his father, the 1st defendant his paternal uncle,

the 2nd defendant, his auntie and the rest of the defendants being his siblings persuaded him to seek a loan for them to perform the funeral rites of their father, Based upon their

request he sought a loan of GH¢4,430.00 and gave same to them for the funeral.

According to the plaintiff he disbursed the loan in the following manner. He gave an

amount of GH¢2,230.00 to the 2nd defendant and gave GH¢2,200.00 to Papa Kwadwo

Nkrumah. A default in payment of the loan attracted interest from the creditor

bringing the total indebtedness to GH¢16,430.00. Papa Kwadwo Nkrumah made a part

payment of GH¢1,800.00 leaving a balance of GH¢14,630.00 to be paid. The defendants

have refused to take steps to pay back the loan and the accrued interest hence the

instant action.

The 2nd defendant on behalf of the defendants traversed all the allegations of the

plaintiff in cross-examination of the plaintiff. The defendants denied any knowledge of

the said alleged loan the plaintiff claim he took for the family for the funeral

performance of the late Ebenezer Kwadwo Bonsu. The plaintiff insisted he took the loan

for the defendants. The plaintiff did not call any witness to substantiate his claim.

THE CASE FOF THE DEFENDANTS.

The 2nd defendant testified for and on behalf of the defendants. She stated that when

the late Ebenezer Kwadwo Bonsu died, she and the defendants went to Akatiso in the

Western Region where the deceased has his cocoa farm. They attempted securing a

loan from one Opoku, a purchasing clerk but he declined to grant them the loan

because the plaintiff had asked him not to grant same. They returned to Nsoatre

without the loan. One of the plaintiff’ siblings by name Juliana Ameyaa came to their

aid with and an amount of GH¢20,000.00 which they used for the funeral rites of the

late Ebenezer Kwadwo Bonsu which funeral