ERIC KOFI ASAMOAH AND APRAMANG KUMASI vs. STEPHEN NYAMEKYE AND BREMANG-KUMASI

MARFUL-SAU, JSC: - The appellant in this appeal is urging us to set aside the decision of the Court of Appeal, sitting at Kumasi on 19th July 2016, which reversed the decision of the trial High Court, Kumasi. The trial High Court had entered judgment for the appellant herein on the 22nd of December, 2014. From the facts of the case, the parties agreed that appellant herein, would obtain an overdraft facility from Stanbic Bank for their common use, using the respondent’s property as security. The arrangement was that the parties will both use the facility of GHC 50,000.00 and share the interest payment on a pro rata basis depending on how much each had out of the GHC 50,000.00. The overdraft facility was granted in December 2007 and an account in the name of appellant’s business “Asamok Enterprise’’ was opened for the disbursement of the overdraft. The appellant initially gave the respondent GHC 10,000.00 in 2007 and later the amount was increased to GHC 20,000.00. As agree...