Unity Credit Union Per Shaibu Sumaila v Anagratey (BR/KD/DC/A2/30/2024) [2025] GHADC 266 (11 April 2025)

INTHE DISTRICTCOURTHELDATKWAME DANSOONFRIDAYTHE 11THOF APRIL2025.BEFORE HERWORSHIPCYNTHIAADEIANDYESQ. (DISTRCIT MAGISTRATE) SUITNO.:BR/KD/DC/A2/30/2024 UNITYCREDITUNIONPERSHAUBUSUMAILA (SECRETARY)ZAMINAMAAFRICA PLAINTIFF AND MICHAELANAGRATEY DEFENDANT ZAMINAMAAFRICA J U DGME NT Plaintiff is a credit union with members from Zaminama Africa and its environs, communities within the Sene East District of Bono East Region. Defendant is a native of ZaminamaAfrica andamember ofthe group. The plaintiff’s mode of operation is for its members to contribute monies in the form of susu. Out of such contributions, members are granted loans at 5% interest payable monthly. Failure to pay the monthly interest attracts penalties. At the end of the cycle which is normally 12 months, there is settlement of accounts. Members are paid interest on the amount they have contributed. Interest and principal of loans advanced become payable. Plaintiff on his endorsed writ of summons, claim against the defendant for a recovery of cash sum of six thousand, six hundred and fifty cedis (GH₵6650.00) being loan facility defendant raised from the union including interest but has failed to repay as at time of filing of the case on 5th June, 2024. The plaintiff sued through one of its secretary, ShaibuSumaila. Plaintiff stated that the defendant was given a loan of GH₵3500.00 on 14th July, 2022. He was supposed to start at least the payment of 5 % interest from 13th August, 2022. The monthly interest expected in this circumstance is One hundred and Fifty Cedis (GH₵150.00).According to them, the defendant failed to pay both the principal and the interest. At the end of the financial year, in June 2023, the defendant's debt stood at Gh₵4300.00 comprising principal and interest. He later paid an amount of Gh₵800.00 leaving a balance of an amount of GH₵3500.00. Interest on the unpaid balance as at time of filing this case has risen to GH₵3150.00 making the total of GH₵6650.00 being claimed by the plaintiff onitswrit ofsummons. Plaintiff called another secretary of the group as its first witness. He was Waramdey Robertson. He also said the defendant was granted a loan amount of GH₵3500.00 and it accumulated interest of GH₵3150.00 at the end of the susu year on 14th July, 2023. They received GH₵800.00 from the defendant after the matter had gone to the Unit Committeeofthe area.Itwaspaid in twoinstallments ofGH₵300.00and GH₵500.00. Defendant denied owing that much. He pleaded liable to GH₵3300.00 and judgment was entered on the said amount. He said he took a loan amount of GH₵3000.00 on 21st July,2022 that he paid the 5% interest as expected and the only times he defaulted in interest payments was in August and September 2022. He said the matter of his default went before the town’s committee and after deliberations, he paid GH₵1000.00 through the committee to be given to the plaintiff. According to him, the payments were made intwoequalinstallments.As such he is owing only GH₵2300.00. Defendant called two witnesses. PW1 was Agbesu Edem, also a native of Zaminama Africa. He is a member of the Unit Committee at Dawa. He said the plaintiff complained about the defendant's indebtedness to them and that the amount they were claiming was GH₵3300.00. After deliberations, the defendant paid GH₵500.00 through the committee to the plaintiff. That defendant attempted to pay another GH₵500.00 to theplaintiff’s but theyrefused toaccept it claiming thatthe case is nowincourt. Second defendant witness (PW2) was Akpey Seyram, a native of Zaminama Africa. He was the defendant's guarantor. He is a member of the credit union. He said, on 21st July, 2022he waspresentwhen aloanofGH₵3000.00wasgranted tothe defendant. As indicated earlier, the defendant pleaded liable to an amount of GH₵3200.00 when he was asked to plead in court. This according to him was the amount that went before the committee somewhere in August, 2023. The plaintiff denied this and said it was rather GH₵4300.00 that went before the committee. This amount included a principal of GH₵3000.00 and aninterest and penalties ofGH₵1300.00 for the twelvemonths period. Again evidence on record shows that the defendant paid an amount of GH₵800.00 after the committee meeting and also prior to the case coming to court. PW2 admitted receiving GH₵300.00 and another GH₵500.00 paid through the committee. The GH₵500.00 paid to the committee was confirmed by DW1 as well. DW1 also said the defendant paid another GH₵500.00 through the committee which amount the plaintiff refused toaccept. This case was filed on 5th June, 2024, the plaintiff was claiming an amount of GH₵6650.00 inclusive interest on the principal sum of GH₵3500.00.According to them, they calculated the interest within an eighteen months period. The committee sat on the matter somewhere August 2023. It cannot be fair to calculate interest for one and half years (1/½) when the case was filed about a year after the matter had gone to the committee. From the evidence adduced by parties, I find that the loan granted to defendant was Gh₵3000.00. The amount thatwent before the committee wasGH₵4300.00.I also agree with PW2 that the defendant paid a total amount of GH₵800.00 that is GH₵300.00 paid directly to him and GH₵500.00 through the committee. This left a balance of GH₵3500.00 yet to be paid. This is the amount due when the case came to court a year afterthe committeemeeting in2023. Defendant is therefore liable to one year’s interest. Interest on GH₵3500.00 for a period of twelve months (12) amounts to GH₵2100.00. Therefore the total inclusive of principal ofGH₵3500.00 is GH₵5600.00.Defendant has since deposited an amount of GH₵800.00 intocourt. The amount outstanding thereforestands atGH₵4800.00. i. Judgment enteredforplaintiff onGH₵4800.00. ii. Interest on GH₵4800.00 at GCB rate calculated at simple interest from 5th June, 2024 tilldate offinal payment. iii. CostofGH₵800.00 …………………………………… H/W CYNTHIAADEIANDYESQ. (DISTRICTMAGISTRATE)