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June 8, 2023
DISTRICT COURT
GHANA
CORAM
The plaintiff is claiming GH₵ 11,200.00 from the defendant which amount is the outstanding
balance of GH₵16,200.00 which the defendant’s brother-in-law, Kwadwo Abed owed the plaintiff
and the defendant guaranteed to pay it on behalf of Kwadwo Abed but refused to pay it.
It is the case of the plaintiff that Kwadwo Abed told him that he had a home used Mazda Car in
Kumasi that could be used as a Taxi and was selling it at GH₵16,200.00. The plaintiff said he agreed
to buy it for his nephew, Elder Ahwoi, so he paid the GH₵16,200.00 to Kwadwo Abed. However,
Kwadwo Abed failed to deliver the car as agreed and also failed to refund his money to him when
he demanded it. He therefore reported Kwadwo Abed to the police in Kumasi, but when he got
hold of Kwadwo Abed in Kumasi and wanted to hand him over to the police, the defendant, a
brother-in-law of Abed, guaranteed to refund the money to the plaintiff on behalf of Abed. The
plaintiff said he was in Kumasi with Abed and Abed called the defendant on phone and explained
his situation to the defendant and the defendant agreed to refund the money to him the plaintiff.
But the defendant failed to refund the money till Abed brought defendant GH₵5,000.00 which
defendant handed over to him but had since not paid the balance of GH₵11,200.00 hence this action
against defendant to retrieve the outstanding balance.
It is the defendant’s defence that the plaintiff visited him one day and complained that he gave
money to Abed to buy a car for him, but Abed has failed to deliver the car and has also failed to
refund the money. That he promised to enquire from Abed and when he got Abed on phone and
asked him about it, Abed promised to refund part of the plaintiff’s money on an agreed date. The
defendant continued that a month later Abed called him that the plaintiff had visited him in Kumasi
and was demanding for his money, but he had no money and would refund part of the money
within one month. So Abed talked to him (defendant) to convince the plaintiff to leave him. Abed
then gave the phone to plaintiff and he (defendant) talked with plaintiff to leave Abed as he (Abed)
promised to bring the money within one month. That subsequently he (Abed) attended a funeral at
their town Dekyemoase and gave GH₵5,000.00 to him (defendant) which he gave to the plaintiff
and Abed promised to pay the balance of GH₵11,200.00 in November 2022. However Abed failed
to pay the balance on the due date and the plaintiff piled
AI Generated Summary
The plaintiff sought to recover GH₵11,200, the outstanding balance of GH₵16,200 he had paid to Kwadwo Abed for a home‑used Mazda taxi intended for his nephew, Elder Ahwoi. After Abed failed to deliver the car or refund the money, the plaintiff confronted Abed in Kumasi and involved the police. The defendant, Abed’s brother‑in‑law, intervened and orally guaranteed—during a phone call heard by witnesses—that he would repay the money on Abed’s behalf, later handing over GH₵5,000 received from Abed. The court credited witnesses Richard Arthur (PW1) and Nana Kyeame Kojo Mensah (PW2) and found the guarantee existed. Applying section 14(1) of the Contracts Act and Sefwi customary law requiring 'ntaasie' to seal agreements, the court held the oral guarantee void. The claim was dismissed, with no order as to costs.