TAMALE COMMUNITY CO-OP. CREDIT UNION LTD. v. ALI HUMAIZA

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