NANA SERWAA CAIQUO v. KWADJO BENIN APPIAH
2015
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS) JUSTICE OF THE HIGH COURT
Areas of Law
- Evidence Law
- Contract Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant claiming he owed GH¢36,600.00 for money borrowed between March 2012 and March 2013, which was to be repaid by April 1, 2013. The Defendant acknowledged receiving only GH¢7,000.00 and denied the rest were loans, stating they were for personal expenses and gifts. The case focused on the credibility of transaction records documented in a diary (Exhibit A) by the Plaintiff, which showed multiple transactions listed as loans. The court found the Plaintiff's evidence credible and the diary records trustworthy. Witness testimony further supported the Plaintiff’s claim. The court held that the Plaintiff successfully proved the Defendant borrowed GH¢36,600.00, ordering the Defendant to repay this amount with interest from April 1, 2013, and awarded the Plaintiff GH¢4,000.00 in costs.
JUDGMENT
The Plaintiff caused a writ to be issued out of the Registry of this court against the Defendant for an amount of GH¢36,600.00 being total amount of money advanced to him together with interest at the prevailing bank rate from 1st April 2013 till date of final payment.
It was the Plaintiff’s case that between March 2012 and March 2013, she advanced sums of money to the Defendant which he was supposed to repay on or before 1st April 2013. He had failed to do so.
The Defendant in his defence said he had only received an amount of GH¢7,000.00 from the Plaintiff which he had requested for payment of his children’s school fees and for repairs he had undertaken on his car. He said he was never made aware that these sums had been given to him as a loan which had to be repaid.
He contended in his defence that he had entered into an amorous relationship with the Plaintiff in which she prepared food and bought him gifts which included a watch, mobile phone and rice cooker. When the relationship fell on the rocks, she had decided to issue this writ claiming the amounts endorsed on the writ.
The Plaintiff in her Reply denied the Defendant’s version of events saying she had been happily married for 19 years and reiterated that the Defendant owed her the amounts as claimed. She stated that he even introduced his friend, one Kenneth Danso to her and the said Kenneth Danso had even borrowed GH¢50,000.00 off her.
Five issues were set down for trial which are:
1. Whether or not the Defendant solicited various amounts from the Plaintiff amounting to GH¢36,600.00?
2. Whether or not such amounts collected were borrowings from the Plaintiff?
3. Whether or not the Defendant had refunded any of such amounts borrowed from the Plaintiff to the Plaintiff?
4. Whether or not the Defendant introduced his friend Kenneth Danso to obtain a loan from the Plaintiff?
5. Whether or not the Plaintiff is entitled to her claim?
Whether or not the Defendant solicited various amounts from the Plaintiff amounting to GH¢36.600.00?
The Plaintiff has given oral evidence in respect of her claim. She also tendered in evidence Exhibits A and B which she says evidences the fact that she gave out money to the Defendant. Exhibit A consists of recordings she has made in her diary. Exhibit B is a tabulation of the amounts indicated against the dates she says she gave out the loans. The Defendant has cast aspersions on these recordings in his cross examination of the Plaintiff. This