THOMAS AKYEA vs. ABII NATIONAL SAVINGS & LOANS LTD & EMMANUEL DARKO YEBOAH

The Plaintiff, Thomas Akyea, obtained three credit facilities from the 1st Defendant, Abii National Savings & Loans Ltd, secured by mortgage over properties. After partial repayments and discharge of the first loan, disputes arose over the outstanding debts on the second and third loans. Plaintiff proposed to pay GHS900,000 as full settlement, enclosing a cheque for GHS200,000 with instructions to cash it only if the proposal was accepted. The 1st Defendant cashed the cheque but later rejected the proposal and demanded full repayment of GHS1,506,607.72. Plaintiff sought declaration that the cheque encashment constituted acceptance and estoppel against further demands, return of his land title certificate, damages for breach of contract, and punitive damages for deceit and intimidation. The 1st Defendant counterclaimed for the full debt plus interest and costs.

JUDGMENT The Plaintiff commenced the instant action against the Defendants on 23rd January 2017. The Plaintiff is seeking for the following reliefs: a. A declaration that the encashment of the SG-SSB cheque No. 000049 in the sum of GHS200,000.00 signifies the 1st Defendant’s acceptance of the terms contained in Plaintiff’s letter dated 20th day of September, 2016 and are estopped from demanding any other sum. b. An order for the return of Plaintiff’s Land Title Certificate No. GA9966 in respect of his property at Bawaleshie East Legon Accra. c. Damages for breach of Contract. d. Punitive damages against the Defendants for deceit and intimidation. e. Cost of full indemnity basis including Lawyers’ fees. f. Any other remedy that the Court may deem fit. Upon service of the Writ of Summons and Statement of Claim on the Defendants, they entered appearance on 26th January 2017 and filed their Statement of Defence and Counterclaim dated 9th February 2017. Per its Counterclaim, the 1s...