Try asking the following...
JUDGMENT
Per this writ of Summon Field at the Registration of this come on the 4th day of May 2022,
plaintiff clams against the defendant as follows;
a) Recovery of case the sum of GH¢8,000.00 being Degi investors to SOBOAT
financial service for a loan defendant called and plaintiff and for where defendant
has reneged on his payment since the year 2016 despite repeated demands mad
on him.
b) Incidental expenses of GH¢1,000.00 against the defendant.
c) An order in cost.
In a guide rebuttal to plaintiff claim the defendant told the court that loan he collected
through plaintiff was GH¢ 2,000.00 which attracted an appeal instant of Ghc600.00
through bringing his total indenters to Ghc2,600 and not Ghc8,000.00 as the plaintiff were
the court to believe.
IN ABABIO V AKWASI II 1994 -95
2 GBR 774 – 778, IT WAS HELD THAT;
“The general principal of Law is that it is the duty of a plaintiff to prove his case he must
prove what he alleges in other words it is the party who raises n his pleading an issue
essential to the success of his case who assumes the burden of proving it. The burden
only shifts tip the scale in his favour when on a particular issue the Plaintiff leads some
evidence to prove his claim. If the Defendant to prove his claim. If the Defendant succeed
in doing this he wins; if not h loses on that particular issue. SEE BANK OF WEST AFRICA
LTD V ACKUM (1963) ACKUM (1963) I GUR 176.
That the above stated law seems to imply in my opinion is that, in all civil action the
general rule is that the party who his pleadings raises issues evidence to the success of
his case assumes the onus of proof- SEE FAIBI V STATE HOTELS (1960) GLR 471.
As I proceed to consider the facts and issues raised to this case, it is appropriate to state
the rule that in the trial of civil cases to be the instance one, a party wins on the
preponderance of probabilities. See section 12 (2) of the Evidence Act, 1975, URCD 323
leading evidence to establish his claim plaintiff, Nicholas Agyeman of Enchi testified on
oath under averaged as follows;
That somewhere in the year 2016 or therefor defendant level a loan from Soboat financial
Service has been memory under pressing on Plaintiff for the payment of the Ghc8,000.00
in issue.
That despite your demands to made the Plaintiff to pay the money Defendant would not
pay except per an order an order emanating from this court to compel his to do so.
The Defendant provides the case of his drank when he averred that;
T