Piere Etse Egbla v. Sampson Amoafa Adu and Captain Theodore Tekpor
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE
Areas of Law
- Contract Law
- Evidence Law
- Equity and Trusts
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, a businessman and student, lent money to the defendant, a mobile phone dealer, who then defaulted on repayment agreements. By November 2015, the debt with accrued interest amounted to GH¢101,481.60. The defendant failed to contest the plaintiff's claims or appear in court. The court found in favor of the plaintiff, allowing recovery of the principal sum with interest at 10% per annum, general damages, and costs, while reducing the interest rate to a reasonable level due to its unconscionability.
From the Plaintiff’s Statement of Claim and pleadings, the following material facts can be ascertained.
The Plaintiff is a businessman retailing in books although at the time the ensuing events unfolded he was enrolled as a student with the Ghana Telecom University, Accra.
The Defendant, on the other hand, is a businessman trading under the name and style of G-ZONE at the Kwame Nkrumah Circle where he sells mobile phone handsets and accessories and also works as an automobile dealer.
It is the claim of the Plaintiff that he advanced a loan to the Defendant to assist the Defendant in his business.
On July 30, 2014, he entered into an agreement with the Defendant for the repayment of the debt, which was then in the sum of Sixteen Thousand, Eight Hundred Ghana Cedis (GH¢16, 800. 00). He contends that due to the Defendant’s refusal to pay the said debt in accordance with the terms of the agreement, the parties renegotiated the terms and entered into another repayment agreement dated February 1, 2015. Once again, he claims the Defendant failed to abide by the terms of the second agreement, even after he caused his lawyers to serve several demand notices on the Defendant with the result that as at November 26, 2015, the Defendant was indebted to him in the sum of One Hundred and One Thousand Four Hundred and Eighty-one Ghana Cedis, Sixty Pesewas (GH¢101, 481. 60)being the outstanding principal debt and accrued interest on the loan advanced to the Defendant.
On the grounds that he believed the Defendant does not intend to pay off his indebtedness unless compelled by the Honourable Court, he instructed his lawyers and they issued a Writ of Summons against the Defendant with a supporting Statement of Claim, seeking the following reliefs against the Defendant: “1. An order to Defendant to pay to Plaintiff the sum of GHC 101, 481. 60 being the amount outstanding as at November 26, 2015. 2. An order to Defendant to pay to Plaintiff interest at a concessionary rate of 10% per month outstanding from November 26, 2015, (instead of the contractual 10% per week) till date of final payment.
3. General Damages 4. Costs inclusive of legal fees. ”The evidence of the record establishes that on February 11, 2016, one George A. Asamaney, Esq. of Agyaa, Asamani & Associates, Citadel Chambers, filed a notice of Entry of Appearance on behalf of the Defendant.
Counsel followed this up with a Statement of Defence filed on March 10, 2016 with the registry of this Court.
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