STEPHEN NYAMEKYE vs. ERIC KOFI ASAMOAH

TORKORNOO (MRS), J.A. A popular West African pidgin urban street expression is “want want no get; get get no want”. This is the situation presented by this case where Plaintiff/Respondent (hereinafter referred to as Plaintiff) did not need credit from the bank but had access to it, and Defendant/Appellant (hereinafter referred to as Defendant) needed credit but did not have access to it. According to the undisputed cases of the parties, the parties agreed that Plaintiff would obtain the credit facility from Stanbic Bank using the Defendant’s property as security, and pass on part of the facility to Defendant. The Plaintiff got an overdraft facility of Fifty Thousand Ghana cedis (GH¢50,000.00) using the Defendant’s property as collateral in December 2007. He first handed over the sum of Ten Thousand Ghana cedis (GH¢10,000.00), later increased it to Twenty Thousand Ghana cedis (GH¢20,000.00) and by 2011, Defendant had utilized the full fifty Thousand Ghana cedis (Gh¢50,00...