MAHAMA TAMPURI YAMUSAH v. BUGDOW JABUNI, ADAM SAADU AND TAWERI LTD

JUDGEMENT

Introduction:

I will commence this judgement with a quote from Shannon L. Alder which states that “The

most confused you will ever get is when you try to convince your heart and spirit of something your

mind knows is a lie.”

The adversarial system of law which is practiced in Ghana is a legal system in which two

opposing parties present their arguments and evidence before an impartial judge or jury. The

judge or jury then determines the outcome of the case based on the arguments and evidence

presented by both parties. This system is designed to ensure a fair and balanced process

where each party can present their case and challenge the arguments and evidence of the

opposing party.

Plaintiff brought this action against the Defendants claiming the following reliefs:

1. Recovery of the principal sum of GHS 10,000 plus the accrued interest of GHS

31,000 until the final payment of the principal plus interest.

2. Interest on the principal until final payment.

3. Cost of litigation.

4. Defendants should be made to pay for the injury caused for the breach of

contract.

5. Cost.

6. Any order or orders the court may deem fit to make.

CASE OF THE PLAINTIFF

Plaintiff’s case is that D1 who is his friend introduced D2 who is the Chief

Executive Officer of D3 to him for purposes of the Plaintiff giving a loan to D2 and D3 to

complete a project they were undertaking for the government. Plaintiff avers that the D2

through D1 contacted him on 1st May 2022 for the loan to help them solve a problem they had

at their workplace. According to Plaintiff, D1 requested a loan of GHS 20,000 but he offered

to give them GHS 5000 instead. Plaintiff avers that they subsequently agreed on the loan

amount of GHS 10,000 for a duration of one (1) month. He added that they also agreed for

the Defendants to pay interest of GHS 100 per day on the loan amount for the duration of the

loan. Plaintiff stated that he sent the money to D2 and D2 confirmed receipt of the money via

text message. He also stated that he called D1 and informed him that he had sent the money

to D2 and D1 confirmed that D2 has informed him that he has received the money.

Plaintiff avers that, on 2nd June 2022, he called D2 to remind him of the number of days left

for the repayment of the loan and interest. According to Plaintiff, D2 told him that they will

pay him the interest that had accrued on the loan for that month and keep the principal loan

amount for another month.