[2005]DLCA6654February 11, 2005Court of Appeal

BARIMA PROF AZUMAH NELSON & ANOR vs. COLLINS OTOO & ORS.

APALOO. J.A. This is an appeal from the High Court Accra presided over by his Lordship Justice J. K. Ebiasah. The judgment was dated 31st January, 2003. The claim of the Plaintiff/Respondent at the Court below was for a refund of the sums of:— [a] US $12,225.00 [b] £13,000.00 being monies Plaintiff/Respondent advanced to the Defendant/Appellant at Defendant/Appellant's request but which Defendant/Appellant refused or failed to pay despite persistent demands made on him for payment. The writ was endorsed with payment for interest at the prevailing Bank rate from the dates the monies were paid to the Defendant/Appellant. The Defendant/Appellant appeared to the writ, filed a defence and counter claimed for the following:— [a] The return of 407 drums of alcohol. [b] ¢53,807,799.00 [c] $2,000.00. as monies paid to the Plaintiff/Respondent at his request or on his behalf by the Defendant/Appellant but which Plaintiff/Respondent neglected, failed or refuse...