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MR. ABDUL MAJID YUSIF v. MR. KWASI BOADU

April 12, 2016

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Contract Law
  • Evidence Law
  • Civil Procedure
  • Tort Law

AI Generated Summary

Justice Angelina Mensah-Homiah of the High Court adjudicated a dispute between Kwasi Boadu and Mr. Majeed arising from a written agreement dated 26 January 2012. Boadu paid GH17,500 for 350 blades of refined gold to be supplied within a month, with a fallback liability of GH25,000 if Majeed failed. Majeed did not deliver and later alleged theft, while the parties set off part of the debt by selling Majeeds Toyota minibus for GH12,000 and releasing his Nissan Frontier pickup to Boadu; Boadu also advanced GH2,000 for medical expenses. Majeed accused Boadu of trickery and defamation at Fox FM and sought declaratory and injunctive relief. Applying the Evidence Act and Illiterates Protection Act, the court preferred documentary evidence (exhibit A) and corroborated testimony (DW2), found breach, rejected defamation for lack of publication proof, denied repair costs, awarded GH15,000 with post-judgment interest at the 91-day Bank of Ghana rate, ordered preservation and possible judicial sale of the pickup, and assessed GH3,000 costs.

JUDGMENT