Case LawGhana
Adam v Issahaku (BA/KPO/99/2024) [2025] GHADC 217 (17 January 2025)
District Court of Ghana
17 January 2025
Judgment
IN THE DISTRICT COURT KINTAMPO HELD ON FRIDAY 17TH JANUARY, 2025
BEFOREHIS WORSHIP KWAMEADJEI MANUESQ.
SUITNO: BA/KPO/99/2024
ABUBAKARIADAM - PLAINTIFF
VRS
AWUDUISSAHAKU - DEFENDANT
JUDGMENT
1. BACKGROUND
1.1. Plaintiff commenced this action against Defendant claiming against Defendant as
follow:
“a. the recovery of cash the sum of seven hundred dollars ($700.00) being
financial assistance Defendant sought from the Plaintiff to aid him travel to
Libya and promised to pay back as soon as he arrives in Libya but has refused
topay backsince 2022.
b. costs”
1.2. Pleadings were not ordered in this suit and parties’ respective cases were gleaned
entirely from the writ of summons, statements made in Court and the entirety of
processes filed by them in the suit. Parties are additionally lay court users so I
have reminded myself that it is imperative for the court to extend to them all
necessary indulgences to ensure fairness of the proceedings, for the court to
decide the actual dispute and effectively determine the issues in contention. In
Mante and Another v. Botwe [1989-90] 2 GLR 479 Taylor J.S.C had his say on the
duty owed to parties in similar position to that of parties in this suit, and though
Page1of17
the reference in that judgment was made to illiterates, I consider it equally
applicable to lay court users acting pro se. The court made the following
observations:
“In this connection, it is worthy of note that our judges have traditionally
taken the view that some indulgence should be shown to illiterates appearing
before our courts as is illustrated by the editorial note of Hayes Redwar J. in
his judgment in Bossom v. Attonie (1897) Red. 199 at 201. See also the
judgment of the Full Court (coram Sir William Brandford Griffiths C.J. and
Francis Smith J.) in Ansah v. Kwesi Essuman (1898) Ren. 136 and the
Fiakpoli Concession (1903)Ren. 281.”
1.3. Additionally, Adade J.S.C. in Nartey v. Mechanical Lloyd Assembly Plant Ltd.
[1987-88] 2 G.L.R. 314, S.C. reminds the courts of this same duty. Cases such as
Edun v. Koledoye (1954) 14 W.A.CA. 642. as relied on in Wiafe v. Kom [1973] 1
GLR 240 have all applied the same reasoning and admonished its application.
Justice S.A. Brobbey (Retired) observed in his book Practice and Procedure in the
Trial Courts and Tribunals of Ghana, 2011 concerning this duty of the court
thus:
“Sometimes the task of deciphering the precise claimfrom "home- made" writs,
especially those prepared by letter writers, is no mean one. The best approach
is to be guided by the principle enunciated in Atiafu v Dzaka [1962] 1 GLR
280which concerned actions in the erstwhile native courts. In that case, itwas
held that in actions where writs have been prepared by semi-literates, one has
to look to the issues involved rather than the wording of the writ of summons.
Similar views were expressed in Ankrah v Ankrah [1966] GLR 60, SC and
Donkor vNkrumah [1964] GLR739,SC.”
Page2of17
1.4. This Court will also indulge parties by not holding their failure to cross-examine
on essential matters against them, and evaluate the evidence of both sides
holistically minded by the rules of law in Edun v Koledoye(supra), Mante v
Botwe(supra)and Wiafe v. Kom (supra)that where lay parties in asummary trial
were not represented by counsel, strict application of the rules of cross-
examination would defeat the ends of justice. The proper test applied by this
Court in this suit will be to find out whether there were positive admissions of
facts in issue and if not, whether there was contrary evidence from the opposing
side. Where appropriate, all issues of fact joined in the suit are resolved on the
reliabilityofthe evidence, credibility ofparties and that oftheir witnesses.
1.5. Having the foregone in mind, the court gleaned parties’ cases and the issues in
contentionfromthe entiretyofthe processes onrecord. I discuss themnext,
Plaintiff’scase
1.6. Plaintiff’s case is that in 2022, Defendant approached him for financial support to
travel to Libya and promised to refund Plaintiff's money as soon as he arrives in
Libya. Plaintiff asked his brother Mohammed who was resident in Libya to assist
Defendant at Plaintiff’s instance. Plaintiff says his brother gave all necessary
financial assistance to Defendant until he successfully arrived in Libya in 2022.
Plaintiff says the total sum of money his brother assisted Defendant with at
Plaintiff’s instance was $700.00. Defendant has ignored the refund of the financial
assistance for two years after same was given to him, and all Plaintiff’s efforts to
retrieve the said amount fromDefendant have beenfutile.
Defendant’scase
1.7. Defendant denies that he went to Plaintiff personally to ask for financial
assistance to travel to Libya, but rather from one Mohammed, Plaintiff’s brother.
According to Defendant though he discussed his intention to travel to Libya with
Plaintiff, he informed Plaintiff that he had his own resources to travel to Agades
and travelled there with his own resources at which point the Mohammed whom
Plaintiff had arranged to receive Defendant as promised met him. This
Page3of17
Mohammed took Defendant to Tripoli at a cost of 2000 Dinars which was agreed
to be paid when Defendant got a job. Defendant lived with this Mohammed for
three (3) months but could not find a job and after some time was introduced to
an employer by Mohammed with whom he worked and received 900 Dinars as
his first income outofwhichhe gave Mohammed 700Dinars.
1.8. Defendant says he shortly became jobless and went back to live with Mohammed
for an additional two (2) months within which he was introduced by Mohammed
to another employer being entitled to 4500 Dinars pay, but was denied this as
Mohammed was the one who negotiated finances in respect of this employment.
Defendant spent nine (9) months in total in Libya before returning to Ghana due
to lack of employment, followed shortly by Mohammed who arranged a meeting
between himself and Defendant in Plaintiff’s presence to ask for the balance of
his money. Defendant requested for a month to pay due to his protracted
unemployment. Plaintiff at this meeting told him to enquire about the dollar
equivalentofthe money.
1.9. Defendant could not pay as promised in a month and received a police invitation
that Plaintiff alleged Defendant owed him a debt of 700 dollars. Defendant
admitted that he owed Mohammed and not Plaintiff personally. Subsequently
this suit wascommenced against him.
1.10. Fromthe foregoing, the principal issue for determination inthis suit raised by the
court on parties’ cases is whether parties agreed for Plaintiff to render financial
assistance to Defendant to travel to Libya. This leads invariably to the
discussion of the issue, whether Plaintiff rendered financial assistance to
Defendant to travel to Libya, repayable to Plaintiff. To ensure the coherence of
this judgment, bothissues shallbe discussed together.
Page4of17
2. BURDENOF PROOF ANDEVIDENCE OF THE PARTIES
2.1. I consider next what standard Plaintiff who is really the party under the
pressures of the law to prove his claims must meet to ensure a favourable
exercise of the court’s discretion. Since not much of the facts were formally
admitted,it would appear at first glance thatall is inissue.
Burden ofproof
2.2. A primary principle of the law of evidence is that parties in civil litigation must
succeed on the strength of their respective cases and not by a reliance on the
weaknesses in that of their opponent. The Supreme Court in Ackah v. Pergah
Transport Ltd. & Ors (2010) SCGLR 728, stated the law on this evidential burden
thus:
“It is a basic principle of the law on evidence that a party who bears the
burdenof proof isto producethe requiredevidence of the facts inissue that has
the quality of credibility short of which his claim will fail. The method of
producing evidence is varied and it includes the testimonies of parties and
material witnesses, admissible hearsay, documentary and things (often
described as real evidence), without which the party might not succeed to
establish the requisite degree of credibility concerning a fact in the mind of the
court or tribunal of fact such as a jury. It is trite law that matters that are
capable of proof must be proved by producing sufficient evidence so that on all
the evidence a reasonable mind could conclude that the existence of the fact is
more probable than its non-existence. This is a requirement of the law on
evidence under sections 10(1) and (2) and 11(2) and (4) of the Evidence Act,
1975(NRCD323)”
2.3. By Sections 10(1)and 11(1)ofthe Evidence Act, 1975(NRCD323)parties bear the
burdens of persuasion being the obligation of a party to establish a requisite
Page5of17
degree of belief concerning a fact in the mind of the tribunal of fact or the Court
and the burden of producing evidence sufficient to avoid a ruling against them
on an issue. This is especially important when parties have raised allegations in
their case on which the success of their claims or defence hinge. In Ishack v.
Praba(2007) 12MLRG 172at 181,the CourtofAppealexplained thus:
“The general principle of law is that it is the duty of a plaintiff to prove his
case, ie. he must prove what he alleges. In other words, it is the party who
raises in his pleadings an issue essential to the success of his case who assumes
the burden of proving it. The burden only shifts to the defendant to lead
sufficient evidence to tip the scales in his favour when on a particular issue
Plaintiff leads some evidence to prove his claim. If the defendant succeeds in
doingthis, he wins,if nothe loses on that particularissue.”
2.4. Additionally, in Memuna Moudy and Others v Antwi [2003-2004] 2 SCGLR 967.,
the Supreme Court speaking through Wood JSC (as she then was) explained at
pages974-975 as follows:
“A cardinal principle of law on proof as enunciated in the age-old case of
Majolagbe v Larbi (1959) GLR 190 and reiterated in a number of cases,
including Zabrama v Segbedzi (1991) 2 GLR 221at 246, is that, a person who
makes an averment or assertion which is denied by his opponent, has the
burden to establish that his averment or assertion is true. And he does not
discharge his burden unless he leads admissible and credible evidence from
whichthe fact or facts he asserts can be properly and safely inferred."
2.5. This means that at law a party who alleges a particular fact bears the burden of
proving it and where the fact alleged is denied by his opponent, an issue arises
Page6of17
for determination. It is the party who has introduced a fact, which is denied, who
has the initial burden of proving the denied fact. As explained in Re Ashalley
Botwe Lands; Adjetey Agbosu & ORS v. Kotey & Ors [2003-2004] 1 SCGLR 420
the burdens ofproduction of evidence and persuasion shift fromparty to party at
variousstagesofthe trial, depending onthe issue(s), and thefacts asserted andor
denied. This point is supported by sections 14 and 17 of the Evidence Act, 1975
(NRCD323)the first ofwhichprovides that:
"Except as otherwise provided by law, unless and until it is shifted a party has
the burden of persuasion as to each fact the existence or non-existence of which
is essential to the claimor defence he is asserting."
2.6. section 17 of NRCD 323 particularly subsection also provides thus in full as
follows:
“17.Allocationof burdenofproducing evidence
Exceptas otherwise provided by law,
(a)the burden of producing evidence of a particular fact is on the party against
whom a findingon that factwould be required inthe absence of further proof;
(b)the burden of producing evidence of a particular fact is initially on the
party with the burdenof persuasion as to that fact.”
2.7. In assessing evidence led by parties, the Court is mindful of the settled rule of
law as applied in Takoradi Flour Mills v Samir Faris [2005-2006] SCGLR 882 by
Ansah JSC at page 890 referring to the case of Tutu v Gogo, Civil Appeal No
25/67, dated 28 April 1969, Court of Appeal, unreported; digested in (1969) CC 76,
where OllenuJA said that:
Page7of17
“in law, where evidence is led by a party and that evidence is not challenged
by his opponent in cross-examination, and the opponent did not tender
evidence to the contrary, the facts deposed to in the evidence are deemed to
have been admitted by the party against whom it is led, and must be accepted
by the court.”
Parties’ evidence
2.8. Whereas Plaintiff gave evidence by himself and called one witness to corroborate
his claims, Defendant testified by himself and called no corroborating witness
when from his own testimony, there were clearly other persons he could have
procured such corroborating evidence from. The Court will accordingly apply
the rule in Faibi v State Hotels Corporation [1968] GLR 471 that “Where a party
would not produce evidence which evidence is available and within his peculiar
knowledge, it could be inferred in law that that evidence is against him", in reaching its
conclusion that any evidence that Defendant could have given is squarely against
him.
2.9. Defendant however admitted in his evidence that he discussed with Plaintiff his
intention to travel to Libya and Plaintiff offered to assist him. Though the nature
of this assistance Defendant contends was only an arrangement by Plaintiff for
another person, Mohammed Sando, PW1 to receive Defendant when he arrived
in Agades Libya. Defendant insisted that he used his own resources to travel
from Ghana to Agades Libya. Defendant did not challenge PW1’s evidence in
much substance and did not lead any credible evidence to contradict it. If at any
rate I am to consider the statements put by him to PW1 while the latter was
under cross-examination, it is clear not only that Defendant himself is not a
credible witness, but that he does not dispute that parties met at Plaintiff’s house
and it was agreed for Plaintiff to assist Defendant financially, I consider these
statements keeping in mind the rule that they do not by themelves constitute
Page8of17
evidence. This was what transpired while PW1 was under cross-examination by
Defendant:
Q: On the day I arrived at Tripoli Libya and you were handing the money to
the driver, did you call and inform me of the amount you were giving to the
driver?
A: It was Defendant’s agent that I paid the money to. Defendant spoke with
his agentand they came.
Q: I put it to you that we all met at Plaintiff’s house and that was where the
money was converted intodollars?
A: Not true. It was Defendant’s agent who informed me, Defendant and
Plaintiffof the amount.
Additionally, Defendant kept prevaricating while under cross-examination
among other things about how he came to meet Mohammed Sando. Defendant
initially claimed to have known Mohammed personally before Plaintiff
introduced themas seenfromcross-examinationthus:
“Q: Before you came to my house and asked for assistance, did you know
Mohammed?
A: Yes Iknewhim.
Q:How did you knowhim?
A: He ismyfriend.
Q:At the time, did you have any interaction with Mohammed?
A: Yes.”
2.10. He eventually admitted that it was through Plaintiff’s introduction that he got to
knowMr. Mohammed Sandoasevident in hisresponses thus:
Page9of17
“Q:Through whom didyou go toLibya?
A: Plaintiff introduced me to Mr. Mohammed and I used my own money to
travel from here toAgades.
Q:At the time, did you have Mohammed’s contact number through whichyou
were communicatingwith him?
A: It was there that Plaintiffintroduced meto Mr. Mohammed.
Q:Soyou admit that itwas through me that you got to knowMr. Mohammed?
A: Iknewhim already though Plaintiffgave me his number.
Q: I put it to you that it was on the day I introduced you to Mohammed that
you are my friendabout totravel toLibya?
A: It istrue”
2.11. This is in addition to his admission contradicting his evidence-in-chief that he
financed his own travel to Libya. Defendant admitted under cross-examination
that his agent sent him to Libya before Mohammed Sando paid the cost. This was
what transpired while Defendant was under cross-examination:
Q: Do you admit that it was your agent who sent you to Libya before
Mohammedpaid the cost?
A: Iadmit that.
2.12. It was held in Samuel Okudzeto Ablakwa & Anor v. Jake Obetsebi Lamptey &
Anor [2013-2014] 1 SCGLR 16, that where a matter is admitted proof is
dispensed with. In discussing the effect of admission of a fact advantageous to an
opponent’s case in the case of In re Asere Stool; Nikoi Olai Amontia IV
(substituted by Tafo Amon II) v. Akotia Oworsika III (substituted by) Laryea
Ayiku III [2005-2006] SCGLR 637 at 656, the court explained the rule of law on
admissionsthus:
Page10of17
“Where an adversary has admitted a fact advantageous to the cause of a party,
the party does not need any better evidence to establish that fact than by
relyingon such admission, whichis an example of estoppel by conduct.”
2.13. Additionally, under Section 80 of NRCD 323 this Court may determine the
credibility of a witness and consider same in determining the probative value of
thewitness’testimony. Itreads:
“80.Attackingor supportingcredibility
(1) Except as otherwise provided by this Act, the Court or jury may, in
determining the credibility of a witness, consider a matter which is relevant to
prove or disprove the truthfulness of the testimony of the witnessat the trial.
(2) Matters which maybe relevantto the determination of the credibility of the
witnessinclude, butare notlimited to
(c)the existenceor non-existenceof afacttestified to by the witness;
(g) a statement or conduct which is consistent or inconsistent with the
testimony of the witness atthe trial;”
2.14. I am mindful of all these statutory provisions in setting out beforehand, that
Defendant in the court’s opinion is not at all a credible witness. His evidence
contradicting Plaintiff on the nature of parties’ agreement in the Court’s view
oughtnot tobe considered ashaving any morethannegligible weight.
3. DISCUSSIONOF THEISSUES
3.1. The first issue I will discuss is whether parties agreed for Plaintiff to render
financial assistance to Defendant to travel to Libya. I have considered whether
Plaintiff has led sufficient evidence to support a positive finding in his favour on
this issue. The test of satisfactoriness or sufficiency of evidence is the degree of
Page11of17
belief that the party creates in the mind of the trial court concerning the fact or
facts inissue. After the court hasassessed the facts onallthe evidence adduced, it
should be able to reasonably conclude that the existence of a fact in issue is more
probable and reasonable than its non-existence. This standard applied in a
plethora of cases including Ackah v. Pergah Transport Ltd [2010] SCGLR 728, is
applied to the present suit. I am also guided by the words of Her Ladyship Mrs.
Wood, as she then was, in Yeboah vrs. Amofa (1997-1998) 1 GLR 674 at page 683
concerning the sufficiency ofevidence thus:
“I notice from section 11 of NRCD 323 that the statute does not attempt any
definition of “sufficient evidence”. In other words no attempt is made in
disclosing what evidence will be deemed sufficient and what could be classified
as insufficient. The reason is not difficult to find. It is definitely a question of
fact determinable on the peculiar facts of each particular case. So that what
constitutes sufficient evidence in case A may not necessarily be sufficient
evidence in case B.............. I think when the two cases are read in the light of
sections 11(1) and (4) and 12 of NRCD 323, all the law required of a person
who seeks declaration of title is to lead such particular or sufficient evidence as
the circumstances of the case would permit, so that on all the evidence a
reasonable mind would conclude the probabilities of the existence rather than
the nonexistence of the fact”.
3.2. The Court’s duty is to assess all the evidence on record to determine in which of
the parties’ favour the balance of probabilities is tilted. In the discharge of this
duty, I rely on the mind of the Court in the case of In re Presidential Election
Petition (No. 4) Akuffo-Addo & Ors. v. Mahama & Ors. [2013] SCGLR (Special
Edition)73,wherethe Supreme Courtstatedat page 322asfollows:
Page12of17
“Our understanding of the rules in the Evidence Decree, 1975 on the burden
of proof is that in assessing the balance of probabilities, all the evidence, be it
that of the plaintiff, or the defendant, must be considered and the party in
whose favour the balance tilts is the person whose case is the more probable of
the rival versionsand is deserving of a favourable verdict.”
3.3. From the matters established as being in admission in the foregoing, Plaintiff
introduced Defendant to Mohammed Sando who paid for Defendant’s travel to
Libya. Additionally, on the preponderance of the probabilities, preferring
Plaintiff’s corroborated and unimpeached evidence to Defendant’s, I find that the
agreement was for Mohammed Sando to pay for this travel on Plaintiff’s behalf,
recoverable in the same manner on Plaintiff’s behalf. I find that Defendant knew
at all times that this financial assistance rendered to him was repayable to
Plaintiff or his agent. The arrangement betweenparties appearsto the Court tobe
inthe natureofHawala.
Hawala
3.4. Hawala system, an informal form of money transfer used of often by migrant
workers appears to have been the arrangement between parties in this suit. A
relatively faster low-cost and "underground" banking transaction, a largely
paperless remittance system. The Oxford Advanced Learner's Dictionary defines
Hawala which is often employed where persons are desirous of avoiding
carrying cash thus:
“(in Arab countries and South Asia) a traditional system of transferring
money to aperson inanother country or area, which involves paying money to
an agent who then tells another agent in the relevant place to pay that
person.”
Page13of17
3.5. Though this is an informal arrangement based more on trust and not one with
the usual markings of an ordinary contract, I have little doubt that such an
agreement would raise enforceable promissory obligations. Defendant in this suit
needed money and Plaintiff desired to give that money to him. Plaintiff
approached Mohammed his Hawaladar(agent) in this instance and instructed
him to give the money he wanted Defendant to receive, money that stood to
Plaintiff’s credit with him. This third party or hawaladar gave the money to
Defendant from his own account, though in this case there was no evidence of
any commissionhavingbeen paid, whichis the usual practice.
3.6. Plaintiff’s claim in this suit is in substance for specific performance of
Defendant’s promise to repay to him the financial assistance rendered to
Defendant. I take opportunity here to find the following as facts, that Parties
agreed for Defendant to be assisted by Plaintiff in the sum of USD 700, which
assistance was given, but Defendant has reneged on his obligation to refund
same. Having found Defendant to have made this promise, it would be
inequitable to permit Defendant to renege on it without some lawful excuse. The
principle of promissory estoppelas referred to by some as equitable estoppel was
explained by Denning J (as he then was) in the case of Central London Property
Trust Ltd v. High Trees House Ltd [1947] KB 130 where it was held, as stated in
theheadnote thus:
“... where parties enter into an arrangement which is intended to create legal
relations between them and in pursuance of such arrangement one party
makes a promise to the other which he knows will be acted on and which is in
fact acted on by the promisee, the court will treat the promise as binding on
the promisor to the extent that it will not allow him to act inconsistently with
it even although the promise may not be supported by consideration in the
strictsense ...”
Page14of17
3.7. A party whose case relies on promissory estoppel as discussed in Ibm World
Trade Corporation v. Hasnem Enterprises Ltd [2001-2002] 2 GLR 248 must prove
that a promise was made with the intention that the claimant should rely on it
and that the promise was in fact relied on by the claimant oft to his detriment. All
are sufficiently proven in this suit. It is clear from the conduct of Defendant,
especially in this court that he is presently in breach of his promise to Plaintiff.
Ibm World Trade Corporation v. Hasnem Enterprises Ltd (supra) explained that
the remedy of specific is an equitable relief exceptional in its character, and the
court has the discretion to grant or refuse it. Factors to be considered by the court
in deciding whether to grant it include the readiness of the party claiming
specific performance to perform his obligations in respect of the underlying
agreement. Inthis suit, Plaintiff has alreadyperformed his end ofthe bargain.
3.8. However, I am minded in this suit to order damages for a breach of the parties’
contract as opposed to an order of specific performance. The settled law is that
specific performance will not be granted if damages will be an adequate remedy,
where there is want of mutuality, where performance requires the Court’s
supervision, if it will be pointless to grant it, if the contract cannot be enforced in
its entirety, if the order will cause severe hardship to Defendant and if
Defendant’s personal freedomwill be retrained by it. Inthis suit, there is not only
a want of mutuality between parties as clearly demonstrated in their conduct and
stances in court, but it would be pointless to make such an order. In any case, the
payment of money due and owing with accompanying orders to ameliorate
potential losses occasioned by the passing of time, all in the nature of damages
and interest on it, should suffice. As pointed out in Holland West Africa & Anor
v. Pan African Trading Company & Anor. (1976) 2 GLR 179 ‘if a breach of contract
had deprived a plaintiff of the use of a sum of money or other capital asset, the defendant
Page15of17
must be presumed to have agreed to pay interest for the period between the date when the
causeof action arose and the date of the judgment’.
Interest
3.9. As explained by the Court in Kama Health Services Limited v. Unilever Ghana
Limited (supra), Parties need not provide in their contract that interest shall be
paid in the event of a breach. Interest payment follows failure of a contract under
which payment has been made, as a form of damages for breach of contract.
Additionally, by the Court (Award of Interest and Post Judgement Interest)
Rules, 2005 (C.I. 52) it is provided at Rule 1 that if the court in a civil cause or
matter decides to make an order for the payment of interest on a sum of money
due to a party in the action, that interest shall be calculated (a) at the bank rate
prevailing at the time the order is made, and (b) at simple interest, but where an
enactment, instrument or agreement between the parties specifies a rate of
interest which is to be calculated in a particular manner the court shall award
that rate of interest calculated in that manner. In this suit there is no contractual
or statutorily applicable rate. Rule 2(1) of C.I. 52 provides that Subject to subrule
(2) each judgment debt shall bear interest at the statutory interest rate from the
date of delivery of the judgment up to the date of final payment. I have in this
suit decided that it is not only fair, but required, that all sums of money ordered
tobe paid must attract the appropriate interest.
3.10. The statutory orprevailing bank rateas provided under Rule 4(1) is the bank rate
prevailing at the time the judgement or order is made by the court and where
there is doubt as to the prevailing bank rate, the 91 days Treasury Bill interest
rate as determined by the Bank of Ghana shall be the prevailing bank rate as
provided by rule 4(2). I apply Daniel Ofori v. Ecobank Ghana Limited (2020)
JELR 92012 (SC) in the absence of an agreed or other statutorily applicable rate to
assess interest in this suit at the statutory rate of 28.33% per annum, which I have
Page16of17
taken notice of as the Bank of Ghana 91-day treasury bill interest rate as at
judgment. I shall also order that the judgment sum in this suit be paid in the cedi
equivalentof700USDatthe bank ofGhana forexrate asat judgment.
3.11. Though I must say that it appears that Defendant's ill-fortunes while in Libya
may be motivating his desire to renege on his obligations, his personal fortunes
cannot offer him respite or legal excuse from his lawful obligations. These are
obligations he may at law be appropriately compelled to fulfil on pain of the
award ofdamages.
CONCLUSION
In conclusion, Plaintiff’s action succeeds entirely, and judgment is entered for him on his
reliefs asclaimed. Plaintiff shall recoverfromDefendant as follows:
a. The Ghana cedi equivalent of the sum of seven hundred dollars ($700.00) being Ten
thousand four Hundred and forty-four cedis (GHS 10,444) as at judgment, with
interest at the statutory of 28.3% rate from the last day of the year 2022 till final
payment.
b. Costs of One Thousand Five hundred Ghana cedis (GHS 1,500.00) in favour of
Plaintiff against Defendant, with interest at the statutory rate in order “a” above
fromjudgment till finalpayment.
SGD.
H.W. KWAMEADJEI MANU ESQ.
(DISTRICTMAGISTRATE)
Parties present(unrepresented).
Page17of17
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