ADDAE-BOATENG VRS. OWUSU (G/WJ/DG/ A2/168/24) [2024] GHADC 554 (16 October 2024)

IN THE DISTRICT COURT HELD AT WEIJA, ACCRA ON WEDNESDAY THE 16TH DAY OF OCTOBER, 2024 BEFORE HER WORSHIP RUBY NTIRI OPOKU (MRS), DISTRICT MAGISTRATE SUIT NO. G/WJ/DG/ A2/168/24 JOSHUA ADDAE-BOATENG PLAINTIFF VRS KWAME OWUSU DEFENDANT PLAINTIFF/APPLICANT IS PRESENT AND REPRESENTED BY FREDERICK ARHIN SAM ESQ. DEFENDANT/RESPONDENT IS PRESENT AND REPRESENTED BY ABRAHAM ARTHUR ESQ. RULING The plaintiff / applicant hereinafter called the applicant filed a motion on notice for judgment on admission at the registry of this court on 17th May 2024. The defendant / respondent hereinafter called the respondent who was vehemently opposed to the motion filed an affidavit in opposition on 23rd May 2024. The crux of applicant’s case is that applicant caused a writ of summons and statement of claim to be issued on 14th February 2024 for the reliefs endorsed thereon. At paragraphs 11, 20 and 21 of the statement of defence filed by the respondent, he averred as follows; 11. The defendant admits paragraph 18 of the statement of claim save to say that as the plaintiff is aware, the entire amount was invested in his building prorject back in his hometown and therefore he had no money readily available to pay the plaintiff and therefore pleaded for time. 20. The defendant denies paragraphs 22-24 of the statement of claim and further states that he is ready and willing to refund the remaining balance of One Hundred and Sixty Thousand Ghana Cedis (160,000.00) to the plaintiff 21. The defendant further states that he is in constant touch with plaintiff ad he will refund the balance of GHC160,000.00 which sum is due and owing. The applicant submits that the paragraphs of the respondent referred to supra amount to an unequivocal admission of the facts and claim of the plaintiff and prayed the court to enter judgment on admission in the sum of GHC160,000.00 with accrued interests in favour of the applicant against the respondent in order to achieve speedy and effective justice, avoid delay and unnecessary expense. Respondent on the other hand is opposed to the application as same is without merit and ought to be dismissed. He admits that he sold land to the plaintiff at a cost of GHC200, 000.00 and gave him an indenture which was duly executed between the parties on 30th January 2023. He exhibited a copy of the indenture marked as Exhibit 1. He submitted that plaintiff later informed him that he was no longer interested in the land and demanded for a refund of the amount paid to him. According to him, he informed the plaintiff that he had invested the amount into another project and therefore requires time to sell the land in order to refund the money. He added that he was compelled to pay the sum of GHC40,000.00 to the applicant following his arrest and detention at the Accra Regional Police Headquarters. He contended that he is ready to pay the sum of GHC160, 000.00 to the applicant in instalment of GHC10, 000.00 per month and that he will refund the full amount of GHC160, 000.00 if he secures a buyer immediately. He argued that he has never admitted to paying any interests on the sum of GHC160,000.00 in his statement of defence and that applicant is not entitled to interests as the transaction is genuine and it is no fault of respondent that applicant is demanding his money. The issue for determination is whether or not to enter judgment on admission for the sum of GHC160, 000.00 with interests in favour of applicant against respondent. Order 8 r 4(1) of the District Court Rules 2009, (C.I. 59) reads; 4.(1)Where it appears that the defence put up by the defendant applies only to a part of plaintiff’s claim or that a part of the claim is admitted, the Court shall give judgment for the part of the claim that the defence does not apply to or which is admitted.(Emphasis is mine) At paragraph 7 of the affidavit in opposition, respondent admits that applicant informed him later that he was no longer interested in the property which had been sold to him and demanded for a refund. At paragraph 8 of the affidavit in opposition, the respondent stated that he informed the applicant that he had invested the amount into another project and therefore requires time to sell the land in order to refund the amount. Indeed at paragraph 11 of the statement of defence respondent stated that he did not have money readily available to pay plaintiff and therefore pleaded for time. What the respondent contests however is the award of interest on the admitted sum as he claims that he has not admitted to paying any interests on the said sum and that the transaction he entered into with applicant was genuine. Respectfully, one does not need to admit to the award of interests on a judgment debt! Order 28 rule 7(1)(b) of C.I. 59 reads; 7.(1)(b) The Court at the time of giving judgment or making an order at any time afterwards may (b) order the payment of interests at the same rate as a High Court may order in the circumstances. Rule 1 of the Court (Award of Interest and Post Judgment Interest) Rules, 2005, (C.I 52) reads; Rule 1 – Order for payment of interest 1. If the Court in a civil cause or matter decides to make an order for the payment of interests on a sum of money due to a party in the action, that interest shall be calculated at (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 calculalted in that manner Rule 2 – Post Judgment interest 2(1) 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. Having considered the affidavit in support of the motion on notice for judgment on admission filed on 17th May 2024 and the affidavit in opposition filed on 23rd May 2024 and having considered the submissions of both counsels, I do agree with counsel for the applicant that per respondent’s paragraphs 11, 20 and 21 of his statement of defence filed on 21st February 2024, applicant’s relief (i) endorsed on his writ of summons is admitted to by the respondent. Applying the law cited supra to the facts of this case, Judgment on admission is accordingly entered in favour of the applicant against the respondent as follows; Respondent is ordered to pay the sum of GHC160, 000.00 to the applicant. Interests is awarded on the sum of GHC160, 000.00 at the prevailing commercial bank rate from the date of judgment to the date of full and final settlement. Costs of GHC20, 000.00 is awarded in favour of the applicant against the respondent. ……………(SGD)……………………. H/W. RUBY NTIRI OPOKU (MRS.) MAGISTRATE