WIAFE vs. KOM

JUDGMENT OF OSEI-HWERE J. This is an appeal against the judgment of his worship M. J. E. O. Otchere wherein the plaintiff-appellant was non-suited in respect of his claim and judgment entered in favour of the defendant with costs assessed at ¢42.70. In his writ of summons the plaintiff-appellant (hereinafter called the plaintiff) claimed from the defendant-respondent (hereinafter called the defendant) cash, the sum of ¢52.50 being a debt due and owing to the plaintiff. According to the plaintiff, the defendant and one Yaw Barimah came to him for a loan of ¢90.00 ant that when he gave the loan a receipt was prepared by one J. C. Baidoo. Before the plaintiff commenced his action the defendant had paid a total amount of ¢40.00 out of the loan leaving a balance of ¢50.00. The plaintiff tendered the receipt on the loan transaction, exhibit A, and he thereafter rested his case on it. The defendant pleaded not liable to the plaintiff’s claim. According to him he took the loan of ¢...