MR. ABDUL MAJID YUSIF v. MR. KWASI BOADU
2016
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought recovery of GH¢20,000, interest, and damages for defaming from the Defendant based on a breached agreement for gold supply, and claimed costs and other reliefs. The Defendant admitted partial claims but alleged theft and counterclaimed for his vehicles' return or their value. The court established that both parties had a valid agreement and the Defendant breached it by not delivering the gold or repaying the agreed amount. The Plaintiff failed to prove the defamation claim. The Defendant's counterclaims were dismissed. The Plaintiff was awarded GH¢15,000 and post-judgment interest, while the GH¢5,000 repair claim was denied.
JUDGMENT
By the endorsement on his writ of summons issued from the Registry of this court on 28/05/13, the
Plaintiff herein claimed the under listed reliefs:
An order for the payment of an amount of Twenty Thousand Ghana Cedis comprising GH¢15,000 outstanding debt on a contract signed with the Defendant to supply the Plaintiff with 350 refined Gold which the Defendant failed and GH¢5000 being an amount of money used by the Plaintiff to repair Defendant's Nissan Frontier Pick-up.
Interest on the amount of GH¢15,000 at the prevailing Commercial rate from 26th day January 2012 until date of payment.
Damages for defaming the Plaintiff
Cost
Any other order(s) as the Court may deem just.
Simply put, the Plaintiff's case is that by a memorandum of understanding dated 26/01/2012, the Defendant agreed to supply him 350 blades of refined gold valued at GH¢17,500.00 within one month. The Plaintiff allegedly paid the GH¢17,500 to the Defendant who to repay an amount of GH¢ 25,000.00 to the Plaintiff if he was unable to supply the gold. It is also the Plaintiff's case that when the Defendant failed to supply the gold to him, he refunded GH¢ 12,000.00 but took an additional loan of GH¢2,000.00 and thus leaving an unpaid balance of GH¢15,000.00. The Plaintiff further asserted that the Defendant released his Nissan Frontier pick up vehicle to him to defray the said amount and he
spent an amount of GH¢5000 to maintain it. Thereafter, the Plaintiff maintained that the Defendant used unperceived means to retrieve the said vehicle from him and also went on air to describe him as a thief.
The Defendant amended his earlier statement of defence and in the amended defence filed on 04/04/14, he admitted that the Plaintiff gave him GH¢17,000 to supply him with 350 blades or 35 pounds of refined gold. He alleged that the gold he procured was stolen together with his other property and subsequent to that, it was agreed between the parties that if the gold was retrieved from the suspects, the Defendant would give it to the Plaintiff, but if the Defendant reneged on that agreement, he would pay GH¢25,000.00 to the Plaintiff. The Defendant further asserted that the Plaintiff tricked him and took his Toyota Mini bus with a market value of GH¢22,500.00; unilaterally valued it at GH¢12,000.00 and said he was using it to defray part of his indebtedness. It is also his case that the Plaintiff requested him to bring his Nissan Frontier Pick-Up worth GH¢22,500.00 to convey diesel for