SAMPSON AMOAKO v. ANDY APPIAH
2018
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute over a loan of $8,000 made by the Plaintiff to the Defendant, with only $2,000 repaid. The Plaintiff sued for the recovery of the outstanding balance, while the Defendant counterclaimed, alleging prior financial assistance and unpaid debts. After evaluating the evidence presented, including a written loan agreement, the Court ruled in favor of the Plaintiff, granting the recovery of the $6,000 balance plus interest. The Defendant's counterclaim was dismissed for lack of credible evidence, and the principles of burden of proof, preponderance of probabilities, extrinsic evidence rule, obligation to repay loans, and award of interest on unpaid debts were affirmed in the ruling.
JUDGMENT
The parties to this suit are blood relatives and it is alleged that sometime in June, 2006, the defendant was given a financial assistance of Eight Thousand US Dollars (USD 8,000.00) by the Plaintiff at his request, to be repaid by 31/05/2007. The Defendant is alleged to have paid USD 2000 out of the sum of USD 8,000.00, but has refused to pay the balance after several demands had been made on him over the years. Thus, the Plaintiff has sued for recovery of the outstanding balance of USD 6,000.00 and interest thereon till date of final payment.
The Defendant denied taking any financial assistance from the Plaintiff, he alleged that in the past, he purchased a return ticket for the Plaintiff to travel to London with his credit card at an interest of 9% per month. It was mutually agreed that the Plaintiff would refund the ticket price and all interest that will accrue but he failed to do so. The Defendant asserted that he was compelled to pay the credit card debt of USD 8,976.00. That apart, the Defendant averred that in the past he advanced a financial assistance of USD 30,000.00 to the Plaintiff and USD 3,000.00 is still outstanding. Together with the debt arising from the credit card used to purchase a ticket for the Plaintiff, the Defendant counterclaimed that the Plaintiff owes him USD 11,976 and interest thereon, from the year 2000 till date of final payment. In his reply, the Plaintiff denied the Defendant’s assertions, he averred that on or about 1999/2000, the Defendant imported USD 20,000.00 worth of Agro chemicals through the Plaintiff’s Company, Sandi More Ltd (now defunct). After the sale of the said products, the Plaintiff contended that the cedi equivalent of USD 28,000.00 which was realized, was paid to the Defendant. He denied owing the Defendant at all.
ISSUES FOR TRIAL
When the pre-trial settlement broke down, six issues were agreed to be tried, namely:
Whether or not the Defendant collected Eight Thousand US Dollars ($ 8,000.00) from the Plaintiff?
Whether or not the Defendant has paid Two Thousand Dollars ($2000.00) out of the eight thousand dollars ($8,000.00) collected from the Plaintiff leaving an outstanding balance of Six Thousand US Dollars ($6,000.00)?
Whether or not the Defendant used his credit card to purchase a return airline ticket to London for the Plaintiff at a cost of US$ 1200.00?
Whether or not the cost of the ticket attracted an interest rate of 9% per month?
Whether or not the Plaintiff is entitled to