EMMANUEL ADDO vs. GEORGE ADU DONKOR

AYEBI, JA 1. This is an appeal against the judgment of the High Court, Commercial Division, Kumasi dated 23rd February 2012. As noted by the trial court, the action is for recovery of money. For the plaintiff indorsed the writ of summons with a claim for: (i) Recovery of an amount of GH¢15,000.00 being plaintiff’s share of the total amount of GH¢30,000.00 paid to defendant in the form of cheque, for which the defendant refused to refund inspite of persistent demands for same. (ii) Interest on the said amount of GH¢15,000.00 from 1st July 2008 to the date of payment. 2. In support of the claim, the plaintiff pleaded that he had been doing business with the defendant. In or about June 2008, he gave a cheque of GH¢30,000.00 to the defendant as an advance payment for the purchase of Chinese Rods from the defendant. Although the defendant withdrew the money and used it, he failed to supply him the goods. When he confronted the defendant, defendant explained that he had used t...