NANA ABEAM ADDAI DANSO v. ALEX NRUMAH AND AFIA BADU

BACKGROUND AND FACTS: The brief facts of the case are that the Plaintiff, in or around

, 20th April, 2019 (which it emerged at trial was the 13th of June 2018), was approached by

the 1st Defendant for financial assistance of Six Thousand Ghana cedis , which the 1st

Defendant promised to repay by 30th April, 2019. Pursuant to their agreement, a written

agreement, setting out the salient terms and conditions of the agreement was prepared and

duly executed by the Plaintiff and 1st Defendant and the 2nd Defendant, who acted as a

guarantor.

The 1st Defendant however defaulted in payment of the sum borrowed as agreed to by the

parties in the agreement. The 2nd Defendant who undertook to repay the sum borrowed

in the event that the 1st Defendant defaulted in payment also reneged on her obligation

under the agreement.

The Plaintiff therefore on the 15th day of March, 2023, instituted the present action for

a. Recovery and refund of cash, the sum of Six Thousand Ghana cedis

(GHC6000) being the financial assistance the Plaintiff gave to the 1st Defendant in

and around 20/04/2019 of which the 2nd Defendant was a guarantor.

b. An interest on relief „A‟ from 20/04/2019 till date of final payment.

c. Cost

The 2nd Defendant on her appearance in court on the 23rd of March, 2023 pleaded liable to

the Plaintiff’s claims. The 1st Defendant on the other hand did not appear in court, and as

it was apparent that it was impracticable to serve him the court made an order for

substituted service for him to appear before the court to prove his claim on 14th April, 2023.

The 1st Defendant however failed to appear in court to defend the action on 14th April,

2023, so the court pursuant to order 25 r 1(2) of C.I.59 directed the Plaintiff to enter the

witness box to prove his claim.

ISSUES

The focal issues for determination are

(i) whether there was a valid contract

(ii) whether or not the conduct of the 1st Defendant amounts to a breach of contract

THE PLAINTIFF‟S CASE

In essence, the case of the Plaintiff is that sometime in the year 2019 the 1st Defendant

approached him for financial assistance of GHC6000, and an agreement was broached that

the amount loaned should be repaid within a month. The

Plaintiff asserted that a promissory note was prepared and duly executed by the 1st

Defendant and the 2nd Defendant who was to act as a guarantor and repay the sum owed

in the event that the 1st Defendant default in payment. According to the Plaintiff, per th