TUAH vs. AMOAH

JUDGMENT OF ROGER KORSAH J. In this appeal from the judgment of the District Court Grade I, Kumasi, delivered on 13 May 1973, the appellant bases his dissatisfaction on the following grounds: “(a) the plaintiff failed to discharge the burden on him and therefore the trial magistrate erred in entering judgment for him; and (b) the whole trial was unsatisfactory as the trial magistrate failed to make any findings on the issue joined between the plaintiff and the defendant.” Briefly, the plaintiff’s case was that some time in December 1971, or January 1972, there arose a dispute between himself and the defendant, who is his nephew, over the management of the plaintiff’s record shop. In that dispute he threatened to take the shop away from the defendant. Friends and relatives therefore met at the shop and effected a settlement between the parties. The gist of the settlement was that the plaintiff was to allow the defendant to run the shop. It was agreed bet...