JAMES OWUSU ANSAH vs. MARY OFORIWAA [2010]DLHC3871

Date	2010-07-28
Suit No.	SUIT NO.TRPC/139/09
Citation No.	[2010]DLHC3871

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

MS. SARAH ARYEE FOR THE PLAINTIFF.

MR. KWAME ANTWI AFRIYIE FOR THE DEFENDANT.

[2010]DLHC3871
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													<main id="main" class="content" style="min-height: 60rem" >JAMES OWUSU ANSAH<o:p></o:p>vs.<o:p></o:p>MARY OFORIWAA<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO.TRPC/139/09&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 28TH
JULY, 2010<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MS. SARAH ARYEE FOR THE
PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ANGELINA
MENSAH-HOMIAH (MRS.) JUSTICE
OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>The
plaintiff herein instituted this suit against the defendant herein for the
following reliefs:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l0 level1 lfo2;
 tab-stops:list .5in">GH¢ 12,800 being profit the defendant made
 after using the plaintiff’s vehicle for a period of three months and two
 weeks without accounting to the plaintiff<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l0 level1 lfo2;
 tab-stops:list .5in">Interest on the said amount and costs.<o:p></o:p></li>
</ol>The
plaintiff’s case is that the defendant solicited his help in purchasing a
vehicle on or about the year 2006. After the initial discussions, the plaintiff
alleged that he linked the defendant up with one Gyimah because he was not a
car dealer. He continued that the defendant gave him ten thousand Euros and
later sent GH¢8000. According to the plaintiff, he gave the GH¢ 8000.00 to
Gyimah but he delayed in purchasing the vehicle. Consequently, the plaintiff
said he added his money to the Defendant’s 10,000.00 Euros and purchased a
vehicle for the Defendant. After the necessary repairs had been done, the plaintiff
stated that the defendant delayed in taking delivery of the vehicle. Thus, the
plaintiff alleged that he used the vehicle for two weeks and handed over the
profit of GH¢1600 to the plaintiff’s agent when the latter took over the
vehicle. After handing over the vehicle to the defendant’s agent, the plaintiff
said he paid GH¢ 900 to the agent each time the vehicle cart his goods. The
plaintiff further stated that after three months and two weeks, the defendant
returned the vehicle to him and he was compelled to refund the defendant’s
money to her. Having refunded the defendant’s money, it is the plaintiff’s case
that the defendant should also refund the two weeks profit from the use of the
vehicle as well as profits for the three months to him.<o:p></o:p>Whilst
testifying in court, the plaintiff acknowledged receipt of ten thousand Euros
which was equivalent to ¢ 108 million cedis at that time. This is what he said:<o:p></o:p>“The
defendant gave me ten thousand Euros, the equivalent of ¢ 108 million. Mr.
Gyimah came to take GH¢ 8,000 (¢ 80) to buy the truck. After some time, I
realized Mr. Gyimah had not purchased the car. I took it upon myself to
purchase a car for the plaintiff….. The money that the defendant brought
earlier was not sufficient so she brought GH¢ 8000 (¢80m) later.”<o:p></o:p>&nbsp;The plaintiff also gave evidence that he sells
cement and that the vehicle conveyed his goods to and from Takoradi on seven
occasions. On each occasion, the plaintiff testified that he paid GH¢ 900 to
Frank who was the defendant’s agent. Again, the plaintiff gave evidence to the
effect that having been harassed by the defendant; he refunded the sum of ten
thousand Euros to the defendant in two tranches. According to him, the first
payment was by a UBA cheque in the sum of 5,200 Euros (exhibit B) and the
second payment was made at the police station in local currency. The plaintiff
testified further that having refunded the defendant’s money to her, she must
be compelled to account for the proceeds from the use of the vehicle in the sum
of GH¢ 12,800.00. He denied taking 17,500 Euros from the defendant. He also
indicated that the defendant instructed him to give GH¢ 8000 to Gyimah and so
he does not owe the defendant the sum of 7,500 Euros. Under cross- examination,
the plaintiff admitted that he received various sums of money from Kennedy’s
brother in Ghana. This is what he said:<o:p></o:p>Q.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Through that persuasion, she sent you
17,500 Euros in four tranches<o:p></o:p>A.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Not correct. The
defendant brought 10 thousand Euros, she then brought ¢ 50,000.00 and ¢ 30,000 making
a total of ¢ 80,000.00(GH¢ 8000) which I gave to Gyimah.<o:p></o:p>Having
made these admissions, the plaintiff turned round to state that the ten
thousand Euros was given to him in Italy and he paid it into his Euro account
the next day he arrived in Ghana. He indicated that he could produce a
statement to that effect but the statement was never tendered in evidence. The
plaintiff gave GH¢18, 000.00 as the purchase price of the vehicle. He stated he
added his personal money of GH¢10,000.00 to make the payment since Gyimah had
taken GH¢ 8000.00.The plaintiff also admitted in cross-examination that the
driver/road expenses for each trip was GH¢ 35. He denied that a one way trip
from Kumasi to Takoradi cost approximately GH¢ 300 as at 2008.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The said Gyimah who alle</main>