DICKSON KWAME MENSAH (DEFENDANT/ APPELLANT) vs. VICTOR KWAKU FOLI ADIGBO (PLAINTIFF/ RESPONDENT)

ACQUAYE, J.A This is an appeal from the judgment of the High Court, Accra, dated the 20th day of May 2010 which decreed judgment in favour of the Plaintiff/Respondent for the sum of GH¢5,800.00 being money advanced to the defendant/appellant together with interest and cost. The Plaintiff/Respondents' case was that in December 2005 he advanced at the request of the Defendant/Appellant the sum of Gh¢5,800.00 to the defendant/respondent to enable the latter execute construction of a house he had contracted to build in Kumasi. The plaintiff/respondent testified that the defendant/respondent promised to repay the amount upon receipt of payment for the project but after the defendant/appellant had been paid he failed to repay the plaintiff/respondent despite repeated demands. The defendant/appellant's defence was that the plaintiff/respondent agreed to pre-finance the project so that after completion the profits would be shared between the parties. The defendant/appellant stated .....