VICTOR AGBESI v. SOLOMON AGYEI A.K.A. SOLOMON ADJEI
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought to recover GH¢60,000.00 with interest from the Defendant, who had borrowed GH¢52,500.00 and an additional GH¢7,500.00 from him. Despite a promissory note, the Defendant contested the terms in court, but the judgment favored the Plaintiff based on credibility and consistency of evidence. The judgment awarded the Plaintiff GH¢20,000.00 plus interest from December 2014, and costs of GH¢3,000.00.
JUDGMENT
The Plaintiff endorsed his writ of summons and statement of claim for the recovery of the sum of GH¢60,000.00 which the Defendant borrowed from him, but failed to repay contrary to a promissory Note dated November, 5, 2014. He also claimed interest on the said amount.
It is to be noted that on 26/05/2015, judgment on admissions was entered against the Defendant in the sum of GH¢40,000.00. Therefore, the trial was in respect of the outstanding balance of GH¢ 20,000.00.
The issues set down for trial are as follows:
Whether or not the defendant was granted a financial assistance of GH¢ 52, 500.00 on 05-11-2014?
Whether or not the Defendant again took an amount of GH¢ 7,500.00 in addition to the GH¢52,500.00 as financial assistance and issued a cheque in respect of same for payment?
Whether not the Plaintiff granted a financial assistance and added an amount of GH¢12,500.00 by way of interest for one month?
Any other issues raised in the pleadings.
At the trial, the Plaintiff relied on his witness statement filed on 27/05/15. Two witnesses who testified on behalf of the Plaintiff also relied on their witness statements filed on the same date.
Per the Plaintiff's evidence-in-chief, the Defendant, his son (Kofi Asante) and a friend of the Plaintiff (Issah Yakubu) came to his house sometime in October, 2014. The Defendant told him that his son had gained admission into a university abroad and that he had no money to fund the travelling and other expenses. The Defendant showed him his redundancy letter and indicated that looking at the time his redundancy package will be paid to him, the deadline for making the payments for his son would have elapsed. Therefore, he sought a financial assistance of GH¢80,000.00 from the Plaintiff.
Continuing, the Plaintiff said he did not have money that day so he directed them to come at a later date. On that subsequent day, the Plaintiff said he gave a total amount of GH¢52,500.00 to the Defendant and that his son, Derrick Agbesi who has now travelled to Australia to further his studies was present. The Defendant promised to repay the GH¢52, 500.00 by the end of November, 2014.
Two weeks later, the Plaintiff was uncomfortable with the fact that the transaction was not documented. Thus, the parties herein, the Plaintiff, Issah Yakubu and Derrick Agbesi ( Plaintiff's son) went to a "typewriter" by name Bartholomew Syne Ackah at Obuasi Tutuka for the preparation of a promissory note in respect of the GH¢52,500.00