GABRIEL ODURO vs. JOHN OPPONG KYEKYEKU

This is an appeal from the judgment of His Honour Frank Owusu Afriyie, sitting as an additional magistrate at a Kumasi District Court. The judgment dated 21st May 2010, was entered for the plaintiff/respondent, to be referred to as the plaintiff. The defendant/appellant, to be called the defendant is aggrieved by the judgment and has filed the instant appeal on the grounds that (a) the judgment is against the weight of evidence, and (b) the learned judge did not consider the defence put up by the defendant. At the court below, the plaintiff’s claim was for the recovery of an amount of GH¢4,900.00 which was allegedly given to the defendant to finance a joint trading business since December, 2005. It was asserted that the defendant neither accounted for the use of the said amount, nor refunded it. In an accompanying affidavit, the plaintiff deposed that it was agreed profits from the joint business be shared between them, but since the release of the money to the defendant, he did...