[2001]DLCA1171 • January 25, 2001 • Court of Appeal
ASARE ORIGINAL PAY ALL vs. BAFFOUR
The plaintiff, a lotto customer, claimed winnings of ¢7,440,000 from the defendant, a licensed private lotto operator, for lotto numbers drawn on 21 October 1995. The dispute arose because the defendant alleged the plaintiff had not paid for the stakes before the draw, while the plaintiff contended that payment was arranged through the defendant's agent who would pay on his behalf and be reimbursed later. The plaintiff presented winning tickets but the defendant refused payment, citing non-payment of stakes. The trial court found in favor of the plaintiff, accepting that payment was made by the agent on the plaintiff's behalf before the draw.
read moreJUDGEMENT Gbadegbe JA. By his action herein commenced before the Circuit Court, Accra the plaintiff-respondent (herein after referred to as the plaintiff) claimed against the defendant-appellant (herein- after referred to as the defendant) the payment of the sum of ¢74 million, being the value of wins drawn on lotto numbers on 21 October 1995. The evidence on the record is that the defendant is engaged in the conduct of private lotto under the provision of the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223) and as such is licensed to operate a lotto other than that undertaken by the Department of National Lotteries. It appears from the transcript that the controversy herein arose when the defendant claiming that the plaintiff had not paid for the stakes before the numbers were drawn refused to pay the proceeds of the wins. In his evidence, the plaintiff contended that he staked the numbers which were drawn out of several to the tune of ¢482,000. That he did not pay i.....