OBIRI SPECIAL RAFFLE & OTHERS v. SAMUEL YAW ANKOMAH

MARIAMA OWUSU, J.A.

This appeal emanates from the decision of the Circuit Court, Sunyani. In the said judgment, the court held as follows:

“I hereby give judgement for the Plaintiff and against

the Defendants jointly and severally to recover;

a. The sum of ¢88,033,400 or GH¢8,803.34

b. Interest at the prevailing bank rate from 1st October, 2006 till the final date of payment.

c. Costs of GH¢200.00”

Dissatisfied with the decision of the court, the 1st Defendant appealed to this court.

The Grounds of Appeal are:

1. That the judgment is against the weight of evidence.

2. Additional grounds to be filed upon receipt of the Record of Appeal.

The relief being sought from this court:

To Reverse/Set Aside the judgment of the Circuit Court dated 6-11-09.

Before dealing with the merits canvassed in support and against this appeal, I would like to give a brief background of this case.

The Plaintiff at the court below claims against the Defendants jointly and severally for:

a. Recovery of an amount of eighty-eight million, thirty-three thousand and four hundred cedis (GH¢88,033,400.00) being the outstanding amount of money the Plaintiff won from staking lotto from the 1st Defendant’s company through the 2nd and 3rd Defendants in or around September, 2006 and which said amount the Defendants have refused to pay to the Plaintiff despite repeated demands.

b. Interest on the amount stated supra at the current bank rate from September, 2006 to date of final payment.

In his Statement of Claim which accompanied the Writ of Summons, the Plaintiff avers among other things that, the 1st Defendant is a registered company which carries on part of its business in the Brong Ahafo Region whilst the 2nd and 3rd Defendants are the agents of the 1st Defendant.

It is the Plaintiff’s case that, sometime 16/9/2006 he staked National Lottery with the 1st Defendant through the latter’s agents i.e. 2nd and 3rd Defendants stationed at Yeji. The Plaintiff continues that, he staked the number 51 & 53 at a total of ¢500,000 and won. The amount totalled ¢110,000,000.00. Out of this amount the 1st Defendant paid ¢5,714,000.00 to him through the 2nd and 3rd Defendants respectively.

Plaintiff further says thereafter he wrote National Lottery for the 1st Defendant between 23-9-2006 to 11-11-2006 and sold ¢22,718,000.00. Out of this figure, commission of ¢6,815,400.00 was to be retained by the Plaintiff leaving a balance of ¢15,902,600.00. Plaintiff continues that, as part of the l