NSIAH FRANK v. KOFI EMMANUEL

JUDGMENT

Plaintiff on the 02/05/23 was issued out of the Registry. of this court a writ of civil

summons claiming an am GHC 500.00 from the Defendant.

This relief the Defendant denied liability so in the interest of justice, the parties

were given a hearing.

THE PLAINTIFF'S CASE

Besides himself the plaintiff called Supt. Paul Ankran; The District Commander

of Kenyasi as a witness.

According to the Plaintiff he sent his radio to the Defendant for repairs but has

refused to release same to him notwithstanding the involvement of the Police.

Hence the instant action plaintiff denied that the defendant called him to come for

the radio but he refused PW1 Supt. Paul Ankran’s evidence was that when the

plaintiff reported the case to the Police he relised that the case was civil in nature

so he told the defendant to go and give the radio to the plaintiff but it took about a

month but the defendant could not produce the radio so he advised the plaintiff to

go to court and institute a civil action.

PW1 denied under cross examination that the Plaintiff admitted the defendant

invited him to come for the radio but he said he had no money.

Suffice it to say that the Plaintiff closed his case after the evidence of pw1.

THE DEFENDANT’S CASE

The Defendant testified and called two witnesses.

The evidence of the Defendant was that when he was done with the repairing of

Plaintiff’s radio, he went and told him to pay GH¢433.00 and take his radio but the

Plaintiff questioned him how much a new radio will costs.

The defendant said the radio remained in his custody for about two months before

the plaintiff came so he told him to give him time to search for it.

According to the Defendant the Plaintiff later reported the matter to the Police but

DW1 told him (the defendant) to go and look for the radio and give same to the

plaintiff but when he finally found it, the plaintiff did not come for it Defendant

said he told Adwoa, J.J and Mercy to tell the plaintiff that he had found the radio.

DW1, Adwoaa Sakyiwaa’s evidence was that the Defendant was her husband’s

brother and that she was in the house one day when the Defendant came with a

radio in his hand and told her husband that he had found Plaintiff’s radio so he

should tell him to come for it.

DW2; Mercy Benewaa testified that Defendant is her husband and that early this

year the Defendant told her the plaintiff had brought his radio to him for repair but

has refused to come for same because he