ISSIFU MARTIN SIMPRIMRI vs. AGNES NAMASAM AND OTHERS

IRENE C. DANQUAH J. A This appeal arises from the ruling of the High Court, Tamale, dated 20th day of March, 2008, in which judgment in default was entered against the plaintiff for failing to file a defence to the 1st defendant’s counter claim within time. The court further awarded cost of GH¢500.00 against the plaintiff by consent. The case of the plaintiff as gathered from his pleadings is that sometime in January, 2006, he borrowed the sum of ¢60,000,000.00 from the 1st defendant to add to his money to buy a Toyota Tipper truck No. NR 1289 A. Subsequently, in March the same year, the 1st defendant secured a contract to be executed at a village called Gbanyamli. 1st defendant therefore hired the plaintiff’s truck to carry sand, gravel etc in order to perform the contract. It was agreed that the hiring price was ¢600,000.00 per day but since the 1st defendant complained that she had not been paid for the contract, it was further agreed that instead of the 1st defendant payin...