STEPHEN YEBOAH v. AUGUSTINE AQUAH MENSAH

The Plaintiff on the 1st day of October, 2020 caused a Writ of Summons to be

issued against the Defendant herein and claimed for the following reliefs:

a) An order directed at the Defendant to pay the Plaintiff the sum of

One Hundred and Eighty Thousand Ghana cedis (GHc 180, 000.00)

being financial assistance the Plaintiff offered to the Plaintiff but the

Defendant deliberately refused to refund the said money.

b) Interest on the said amount from January 2017 till date of final

payment

c) Costs including Solicitor’s fees

THE CASE OF THE PLAINTIFF

The Plaintiff contends that he is a businessman trading as Lucky Herbal

Center/clinic and a resident of Gomoa Oguakrom whilst the Defendant is also a

businessman and lives at Kasoa.

According to the Plaintiff, on the 17th day of January 2017 and at the request of the

Defendant gave a total amount of Ghc 180,000.00 9 One hundred and eighty

thousand Ghana cedis as financial assistance to the Defendant to be repaid in a

week.

The Plaintiff states that the agreement was duly documented but the Defendant

has breached the terms of the agreement by failing and refusing to pay his

liabilities when they fell due.

The Plaintiff avers that the Defendant is liable to pay the money, but will not pay

the money unless compelled Court to do so.

THE CASE OF THE DEFENDANT

The Defendant denied the Plaintiff’s claim and stated that the said money was

given to his father Kobina Ackaah Aidoo and step mother Agnes Amoah who

reside out of the jurisdiction.

According to the Defendant it was after the Plaintiff and his step mother and

father had entered into the agreement that the said amount was given to him by

them.

The Defendant states that he has not personally dealt with the Plaintiff and that

the money was given to him by both his step mother and father after receiving the

money.

In his reply to the Defendant’s statement of defence, the Plaintiff said that on 18th

and 17th January 2017, the Plaintiff issued HFC nowRepublic Bank cheques

covering Ghc 30,000.00 and Ghc 150,000.00 respectively to the Defendant

personally and it cannot be true that the Defendant did not deal personally with

the Plaintiff.

ISSUE SET DOWN FOR TRIAL

The main issue set down for the trial of this matter is;

1. Whether or not the amount of Ghc 180,000.00 was given to the Defendant

personally by the Plaintiff and an agreement was executed between the Plaintiff

and the Defendant.

At the Case Management Conference, the De