ROSE NKETIAH v. ABACHA

J U D G M E N T

CLAIMS

a) Recovery of cash the sum of Ghc6,000.00 being the outstanding balance of

money that plaintiff gave to the defendant to buy cocoa beans and share the

proceeds with her.

b) Interest to be calculated on the said Ghc6,000.00 at the prevailing bank rate

from January, 2020.

c) Costs.

SUMMARY OF PLAINTIFF’S CASE

Per her Witness statement, it is the plaintiff’s case that she gave an amount of

thirteen thousand Ghana Cedis (Ghc13,000.00) to the defendant in August, 2020 to

buy cocoa so that they share the proceeds equally.

According to the plaintiff, the defendant was paying her Ghc500.00 every month

until December, 2021 when he stopped.

That she requested the defendant to pay her Ghc500.00 monthly or pay the balance

of Ghc6,000.00 to her outright, but the defendant refused, hence this action

claiming per her writ of summons.

The plaintiff did not call any witness.

SUMMARY OF DEFENDANT’S CASE:

After coming to Court on the first two days, the defendant never came to Court again,

On the 20th day of January, 2022, Hearing Notice was ordered on the defendant

which was duly served on him but he failed to turn up to defend himself. Therefore,

in accordance with Order 25 of CI 59, 2009, the Court went ahead to hear the

plaintiff and the defendant cannot therefore be heard anywhere say that he has been

denied fair hearing.

ISSUES FOR DETERMINATION:

From the above premises, the only issue that comes for determination is whether or

not the plaintiff is owed Ghc6,000.00 plus interest by the defendant.

From my understanding of the transaction between the plaintiff and defendant, she

(the plaintiff) gave an amount of Ghc13,000.00 to the defendant to buy cocoa beans

and sell so that they share the proceeds, whiles her principal or invested capital of

Ghc13,000.00 remains intact to be paid later to her by the defendant. It is also my

understanding that the defendant paid her Ghc500.00 as her share of the proceeds

from November, 2020 to December, 2021, which sums up to Ghc500x 14 months

making it Ghc7,000.00 after which the defendant stopped paying her, with her

Ghc13,000.00 still in tact, to be taken back by when she needed it.

That when she asked the defendant to return the Ghc13,000.00 to her, he told her

he had given it as loans to some cocoa purchasing clerks, but upon persistent

demands, the defendant paid Ghc2,000.00 in February, 2021, another Ghc2,000.00

(time not stated) and another Ghc3,000.00 in June, 2021