STEPHEN AKUOKO & ANOTHER v. EMMANUEL KWAKU FRIMPONG
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) JA. (PRESIDING)
- A. B. POKU-ACHEAMPONG, JA.
- SAMUEL K.A. ASIEDU, JA.
Areas of Law
- Evidence Law
- Civil Procedure
- Contract Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Samuel K.A. Asiedu JA, reviewed an appeal from the Circuit Court, Kumasi, arising out of a family investment dispute connected to a local soap manufacturing venture. The Plaintiff, brother-in-law to the 1st Defendant and brother to the 2nd Defendant, claimed he invested GH₵7,500 in 2008 based on representations of earning GH₵1,500 monthly profits. The Defendants asserted the sum was GH₵7,000, that their first soap shipment to Senegal melted, and that they repaid the investment in instalments by December 2012. The trial court awarded profits from January 2008 to March 2012. On appeal, the Court found Plaintiff failed to prove GH₵7,500; excluded Plaintiff’s unpleaded demand letter (exhibit ‘A’) as unfair surprise; set aside the profit award; affirmed repayment of GH₵7,000; but awarded simple interest at the prevailing bank rate from January 2008 to December 2012, recognizing Defendants’ use of Plaintiff’s funds. No costs were ordered, and the appeal succeeded in part.
ASIEDU, JA.
This is an appeal against the judgement of the Circuit Court, Kumasi, dated the 24th day of October 2017. The Plaintiff/Respondent (hereafter referred to as the Plaintiff), on the 2nd day of October 2013, issued a writ of summons against the Defendants/Appellants (hereafter referred to as the Defendants). In an amended writ of summons and statement of claim, the Plaintiff claimed, jointly and severally, from the Defendants:
“a. Cash the sum of GH₵7,500.00 being financial assistance sought from the Plaintiff to augment their capital.
b. A profit of GH₵1,500.00 a month from 10th January 2008 till date of final payment”
After the hearing of the case, the trial Circuit Court Judge entered judgment for the Plaintiff to recover from the Defendants “a refund of his profit from January 2008 to 2012 March when the account was settled”. It is against this judgment, delivered on the 24th October 2017, that the Defendants filed the instant appeal on the 20th day of December 2017, for an order to set aside the said judgment together with the cost awarded and for judgment to be entered in favour of the Defendants.
On the Notice of Appeal, the Defendants averred as their grounds of appeal that:
a. The Honourable trial court erred when it granted the Plaintiff/Respondent the sum of GH₵1,500.00 per month contrary to the evidence on record.
b. The Honourable court erred when it failed to consider the case of the Defendants/Appellants.
c. The Honourable court erred in granting the Plaintiff/Respondent’s relief (b) a profit of GH₵1,500.00 per month when it had held that the Plaintiff/Respondent was not entitled to the principal sum claimed.
d. The judgment is against the weight of evidence.
e. Additional grounds of appeal will be filed upon receipt of the record of proceedings for appeal.
FACTS:
The facts of the case are that the Plaintiff is a brother-in-law to the 1st Defendant and a brother to the 2nd Defendant. According to the Plaintiff, in 2008 he gave an amount of GH₵7,500.00 to the Defendants which they were to invest in their local soap manufacturing business. The Plaintiff says he was enticed to invest his money aforesaid, into the Defendants’ business due to a representation made to him by the Defendants to the effect that he stood to earn an amount of GH₵1,500.00 per month as profit from the business and considering that he was then on retirement, the said profit was attractive and irresistible. After sometime, he asked for his share of the