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ROYAL BENEFICIARIES' ASSOCIATION VS DELECTA AHWIRENG & KWAME K. ABOAGYE & YAA SERWAH

2018

HIGH COURT

GHANA

CORAM

  • JUSTICE K. A. GYIMAH

Areas of Law

  • Contract Law
  • Evidence Law
  • Corporate Law
  • Banking and Finance Law
  • Civil Procedure

AI Generated Summary

In this Ghana High Court decision by Justice K. A. Gyimah, Royal Beneficiaries Association, a welfare association of cloth sellers at Makola market, sued Obenewa Ahwireng (1st defendant) and two alleged guarantors to recover ₵233,200,000 as the outstanding balance on a purported ₵500,000,000 loan. The Association claimed it paid the 1st defendant partly by cheque and cash pursuant to a Financial Assistance Agreement (Exhibit A). The defence maintained the agreement was with Lectad Ltd., where Ahwireng was managing director, and that the plaintiff’s cheques were dishonoured; later, Agricultural Development Bank (ADB) granted facilities to members organized in groups, including Ahwireng and Lectad. The court found no binding agreement with Ahwireng personally, no credible proof of cash disbursement, cheques dishonoured, and no evidence of bank default or authorization empowering the plaintiff to sue on ADB’s facilities. All claims were dismissed; a declaration was granted that defendants were not indebted; overpayment and damages counterclaims failed; costs of GH₵5,000 were awarded to the 1st defendant.

JUDGMENT