MARIAM HOTEL AND EDERN SECURITY LTD. vs. JAY KESSELEE FARTORMAH

MARIAMA OWUSU, J.A: On 18-11-2010, the High Court, Tamale, dismissed 1st defendant’s counterclaim as not proved. Judgment was then entered in favour of the plaintiff against defendants jointly and severally for the recovery of the sum of $3,767.00 being the total of his five items lost when he checked into a room in 1st defendant (Mariam Hotel) as a paying customer of the 1st defendant. In his judgment, the trial High Court Judge held among other things as follows: “The last issue to consider is whether or not the plaintiff succeeds in his claim. The answer is very much so. From the totality of the evidence adduced before me coupled with the input of the witnesses of plaintiff and the Exhibits, the case of the plaintiff is more plausible by a preponderance of the probabilities. I have already lamented that the evidence of the defendants lacks support in that though they admitted having their employees around at the time of the incident, they did not deem it prudent to call t...