[2024]DLCA17843 • November 21, 2024 • Court of Appeal
ADAMU YAHAYA MOHAMMED vs. ADAMS YALWEH DUWIEJAH & MRS. TINA ELHAM OLANDO
The plaintiff, a travel agent, entrusted USD 50,000 to his niece to pay a company in Saudi Arabia. The niece gave the money to the deceased husband of the 2nd defendant for safekeeping. After the husband's death, the 2nd defendant claimed to have found the money and deposited it with the 1st defendant, a consular officer at the Ghana Embassy in Saudi Arabia. Upon collection, only USD 5,000 was handed over, leading to dispute and legal action for recovery of the full amount.
read moreJUDGMENT DZAMEFE, J.A: This is an appeal from the judgment of the Accra High Court dated 25th day of February, 2022. The plaintiff/respondent issued this writ or the following reliefs;- i. An order for the recovery of an amount of USD50,000 given to the 2nd defendant by the deceased and handed over to the 1st defendant. ii. Interest on the said amount in (i) above from July 2017 till the final payment. iii. Cost including legal fees iv. Any other reliefs that this court may find just in the circumstances. I shall start this judgment by giving a brief history of the case. THE CASE OF THE PLAINTIFF: The Plaintiff states that he is a Travel and Tour Agent and the Managing Director of Tofa Travel and Tours. He alleges that sometime in November, 2016, he travelled to Saudi Arabia to make some arrangements for pilgrims but one company (Azowar Co) was on a break and had not opened for business for which reason he could not make a payment he needed to make there. He states tha...