SABBLAH vs. TAWIAH

JUDGMENT OF SOWAH J. This is an appeal from the judgment of the learned circuit judge dismissing the claim of the plaintiff in respect of a debt of £G250 owed to him on the grounds that, “I find that the plaintiff has failed to prove by acceptable evidence that there was a transaction between the defendant and himself.” During the proceedings and at the instance of counsel for the defence the learned circuit judge rejected a receipt which the plaintiff sought to tender evidencing the receipt of the money by the defendant on the grounds: “After listening carefully to the arguments of both counsel I am satisfied that the document sought to be tendered is more than a mere receipt for money lent. There is a promise to refund the money at a later date which carries the document into the realm of a promissory note. I therefore hold that the document is not a receipt even though headed as such but a promissory note. The document is therefore marked rejected.” Although the doc...