DUA vs. AFRIYIE AND OTHERS

This appeal is from the judgment of the Circuit Court, Sunyani (his honour Judge Okai), dated 11 January 1968. The judgment, dismissed a claim by the appellant to recover from the respondents £G474 or N¢948.00 being the balance of money lent by the appellant to the first respondent and guaranteed by the other respondents. The transaction was evidenced in writing and was produced in evidence. It states that the first respondent received from the appellant the sum of £G600 “being money borrowed without interest.” The agreement then stipulates the dates when repayments were to be made and the amount of such repayment. This was invariably shown as £G50. The appellant’s complaint was, that the first respondent made default with the payment and by November 1964, he had paid only £G126. The writ was taken out to recover the unpaid balance. The respondents admit the loan transaction and the fact that only £G126 out of it was repaid. But they averred that in truth the actual sum ...