[2024]DLCA17860 • December 23, 2024 • Court of Appeal
EDWINE WRIGHT A.K.A. BRO EBOW PER HIS LAWFUL ATTORNEY DAVID DARKO SUING UNDER THE BUSINESS NAME DDS CONSULT HORSEY PARK OBOASI vs. KWAME OWUSU
The appellant borrowed GHȻ40,000 from the respondent. The appellant claimed to have repaid GHȻ25,000 in full settlement, but the respondent contended that only GHȻ15,000 was repaid, leaving an outstanding balance of GHȻ25,000. The appellant also asserted that GHȻ20,000 of the GHȻ40,000 was a business investment, not a loan. The dispute centered on whether the full amount was a loan and whether the appellant repaid GHȻ25,000 in total.
read moreJUDGMENT ZWENNES, JA. This is an appeal against the decision of the Circuit Court, Obuasi, delivered on 23rd September 2022. The background facts to the suit at first instance are as follows: A man (the Appellant before us) made a request on another and received from him an advance of GHȻ40,000.00. According to the Appellant, he repaid his benefactor GHȻ25,000.00 later in what he understood was full and final settlement. This, according to his benefactor, however, was not the case, since by his calculations, the Appellant still owed him an outstanding balance of GHȻ25,000.00 from the total of GHȻ40,000.00 advanced. The difference in their respective expectations is puzzling, but quickly explained by the defences raised by the Appellant in response to the suit brought against him by the Respondent in the Circuit Court. In answer to the debt recovery action for repayment of an outstanding balance of GHȻ25,000.00, the Appellant as defendant raised two defences: F...