OWUSU VRS. DADZIE (A2/194/2024) [2025] GHADC 27 (28 January 2025)

IN THE DISTRICT COURT, NEW EDUBIASE HELD ON TUESDAY 28TH JANUARY, 2025 BEFORE HER WORSHIP ANASTACIA Y.A. KARIMU ESQ. SUIT NO: A2/194/2024 EMMANUEL KWABENA OWUSU PLAINTIFF VRS. SAMUEL DADZIE DEFENDANT JUDGMENT 1. The plaintiff issued a writ of summons against the defendant on 22nd August, 2024 for the following reliefs: a. Payment of GH¢27,000.00 being the outstanding balance of money borrowed by the defendant in June 2021, b. Interest on the said sum of GH¢27,000.00 at the prevailing bank rate from January 2021 to the final date of payment, and c. Costs 2. Th case of the plaintiff is that the defendant is his friend. Both of them were timber contractors. The defendant worked at Bronikrom while he worked at Adansi Ayikoa. He needed some lumber to add to his for a customer in Accra, so he called the defendant to supply him with the said lumber. The defendant assured him he could get the quantity he needed. On 9th August, 2021 they met at the GCB Bank, New Edubiase branch where he gave the defendant cash of GH¢50,000.00. Two weeks later, the defendant came to his house at Adansi Asokwa for an additional amount of GH¢2,500.00, bringing the total amount to GH¢52,500.00. Page 1 of 3 3. In September 2021, the defendant supplied lumbers to him to the tune of GH¢40,500.00, leaving an outstanding balance of GH¢12,000.00. At the end of September, 2021, the defendant came to his house with his wife and asked for an additional amount of GH¢18,000.00. The following month, the defendant came to ask for an extra amount of GH¢17,000.00 which he claimed he needed to change oil in a bulldozer machine. He gave the defendant the money in the presence of his (defendant) brother at GCB Bank, New Edubiase branch. Since then, the defendant has failed to pay back the above sums. 4. One day after court, the defendant called and asked for his account number to make part payment of GH¢7,000.00. He informed the defendant that once the matter is in court, all payments should be made into court. However, he did not heed this instruction and went ahead to pay GH¢6,000.00 into his GCB Bank account at New Edubiase on Monday 12th November, 2024 and assured him he will bring the outstanding amount to court. 5. On 28th and 29th October, 2024 the defendant was served with the writ of summons through substituted service after several attempts to serve him personally failed. On 19th November, 2024 when the matter was fixed for hearing, the defendant failed to show up in court but was represented by his who prayed the court for the matter to be adjourned because his brother was indisposed. His brother instructed to inform the defendant of the next adjourned date and the business for the said date, which was for him to cross-examine the plaintiff. However, at the next adjourned date, the defendant was again absent but sent his wife Issah Zuwarah to represent him. She also prayed the court to adjourn the matter because the Page 2 of 3 defendant was indisposed. She was duly informed of the next adjourned date. However, the defendant failed to show up at the next adjourned date and the matter was consequently adjourned for judgment. 6. The defendant failed to file any processes, neither an affidavit in opposition nor witness statements indicating an intention to defend the matter. Where a party is given the opportunity to be heard in a proceeding and he disables himself, he cannot later turn around and accuse the judge of having breached the rules of natural justice: The Republic v. Automated Fast Track High Court, Court No. 4 (Accra), Ex-parte State Housing Company Limited (No.2), Koranteng-Amoako (Interested Party) [2009] SCGLR 185. 7. Since the defendant has evinced an intention not to defend the suit, it is deemed that he accepts the claims made by the plaintiff. Judgment is therefore entered in favour of the plaintiff for the reliefs endorsed on his writ of summons. 8. Cost of GH¢2,000.00 against the defendant. H/W ANASTACIA Y.A. KARIMU ESQ. [MAGISTRATE] Page 3 of 3