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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to recovery of loan.
2. The plaintiff is a credit union and it instituted this action through its Manager, Mr.
Emmanuel Amoka Akaare. The defendant is described as an beneficiary of a loan
facility from the plaintiff. On 23th January, 2023 the plaintiff took out a writ of
summons against the defendant for the following reliefs:
a. Recovery of the sum of GHS8,449.28 being the defendant’s total
indebtedness to plaintiff as at 10th December, 2022 to which defendant has
failed, refused or neglected to pay in spite of several demands.
d. Costs.
3. On 14th February, 2023 the defendant pleaded not liable to plaintiff’s claim saying that
the money she took was not a loan but a facility granted her by an NGO. The parties
were encouraged to settle, but they returned that they were unable to settle. Plaintiff
filed a witness statement together with exhibits and the defendant was heard vivavoce.
4. The respective cases of the parties herein are detailed below.
PLAINTIFF’S CASE
5. Plaintiff’s witness, Mr. Akaare, testified to the effect that the defendant took a loan of
GHS6,145.00 since 10th December, 2020 and was to complete payment on 10th
December, 2022. Plaintiff stated further that the defendant has only paid GHS364.00
out of the total debt leaving the debt of GHS8,449.28 as at 10
th December, 2022. Plaintiff
contended that the loan was granted to the defendant under a German Sparkassen
Foundation for International Cooperation (DSIK) programme in collaboration with
African Development Organisation for Migration (AFDOM). Plaintiff explained that
the programme is aimed at minimizing all forms of migration particularly within the
newly created regions of Ghana. Thus, the programme trains, coaches and supports
participants from moving out of their regions. The participants who were found to
eligible to have their own businesses are then granted loans and to pay back the loan
under a flexible system. Hence, the plaintiff was to help with the Northern Region
sector in giving out the said loans. According to plaintiff, it as a result of this
programme that the defendant qualified for a loan facility. Plaintiff maintained that
the defendant being well aware that it was a loan and had even made some payments
now has assumed not pay the debt unless compelled by this court. Plaintiff tendered
in evidence the below exhibits (in ascending order as to the date it was executed):
Exhibit F – L