THEOPHILUS TOTIMEH vs. SAMUEL AGYENIM & ANOR

This is an action for the recovery of an amount of GH¢7,000.00 allegedly paid to the Defendants by the Plaintiff for the supply of second hand news papers. The facts leading to this case are that sometime in the year 2011, the Plaintiff contracted a loan of GH¢7,000.00 from Stanbic Bank, Kumasi and paid it to the 1st Defendant on 30/06/2011 for the supply of second hand news papers from abroad. It was alleged that the Defendants failed to deliver the said goods pursuant to the oral agreement and have also refused to refund the money to the Plaintiff. Having failed to do so, it was further alleged that the Defendants agreed to pay interest on this amount but made only three payments in June, July and August, 2011. The 2nd Defendant averred that at all times material, he was resident in Italy and the transaction was done on his behalf by the 1st Defendant. His case was that the Plaintiff, having made a purchase of second hand news papers from his lawful attorney in the open market .....