SELASI KULAEPE v. FELIX QUAYE

JUDGEMENT

The plaintiff commenced the instant action against the defendant for the following

reliefs:

1. Recovery of GH₵ 25,000.00 being the balance of financial assistance of GH₵

40,000.00 granted in May 2017 which the Defendant promised to repay at any time

that the Plaintiff will demand for same but has failed despite several demands.

2. Interest on the said amount at the current Commercial Bank rate from May 2017

until final payment.

3. Miscellaneous expenses of GH₵ 4,000.00 used to demand the said amount from

Accra to Akuse on several occasions since 2018.

4. Costs of Litigation

5. Any further order(s) that the court may deem fit.

The parties filed their pleadings after which they were ordered to file their witness

statements.

The Plaintiff filed his witness statement but the Defendant failed to do so and

started absenting himself from court despite the fact that hearing notice were served on

him.

Order 1 of the District Court Rules 2009 (CI 59) provides that the rules shall apply

to all civil proceedings in the District Court and shall be interpreted and applied so as to

inter alia achieve speedy and effective justice and avoid delays and unnecessary expense

and also to ensure the complete effective and final determination of all matters in dispute.

Also Order 27 rule 1 of CI 59 provides that it is the duty of the parties, their lawyers

and the court to avoid unnecessary adjournments and other delays and ensure that causes

or matters are disposed of as speedily as the justice of the case permits.

On the strength of the above provisions, the plaintiff was allowed to present his

case for determination. The case of the plaintiff per his witness statement was that in May

2017, the Defendant requested for a financial assistance of GH₵ 40,000.00 to boost his

(Defendant) business and same was granted on the agreement that the Defendant would

refund the said amount any time that the Plaintiff requested for the same. He added that

the Defendant promised to pay GH₵ 5,000.00 every three (3) months as a gesture of

appreciation.

According to the Plaintiff, he made a request in September 2020 and the Defendant

refunded GH₵ 5,000.00 and also paid GH₵ 10,000.00 in November 2020 making a total

repayment of GH₵ 15,000.00 and leaving an outstanding balance of GH₵ 25,000.00 to be

paid. He added that the Defendant owes him a total of GH₵ 85,000.00 which is comprised

of the following:

I. Balance of financial assistance as at Septem