PETER AMOFA vs. KWAME ASANTE [2015]DLHC3557

Date	2015-03-03
Suit No.	SUIT NO.P/RPC/03/15
Citation No.	[2015]DLHC3557

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

IDDRISU MUSAH ABDULAI FOR PLAINTIFF.

SARFO GYAMFI FOR DEFENDANT.

[2015]DLHC3557
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													<main id="main" class="content" style="min-height: 60rem" >PETER AMOFA<o:p></o:p>vs.<o:p></o:p>KWAME ASANTE<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.P/RPC/03/15&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: 3RD MARCH, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>IDDRISU MUSAH ABDULAI FOR
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">

HER
LADYSHIP 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;
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</div>In
this action, the Plaintiff herein is demanding payment of the sum of GH¢12,580.00
being the cedi equivalent of CFA 1,700,000.00 and GH¢8,700.00
from the Defendant herein. He is also claiming interest on the sums claimed.<o:p></o:p>The
Plaintiff’s case is that the Defendant requested for CFA 1,700,000.00 as a loan
and GH¢8,700.00 was paid to the Defendant’s creditor who had
caused his detention at the Central Police Station, Kumasi.<o:p></o:p>In
the statement of Defence filed by the Defendant on 28/08/2014, he averred that
the Plaintiff was his business partner and he invested the sum of CFA
1,700,000.00 in their joint business which entailed bailing of second hand
clothing for export. He further pleaded that the cedi equivalent of this amount
in the year 2008 was GH¢4,100. Besides the above, the Defendant averred that
the Plaintiff later invested GH¢4000.00 and GH¢4700.00
into their joint business bringing his total investment to GH¢12,800.00.
It is also in his statement of defence that an amount of GH¢12,000.00
was used to buy a bailing machine for their joint business; GH¢4000.00
as warehouse rental charges; GH¢1400.00 for “change over” and electrical wiring. He
again asserted that the Plaintiff has been paid a total amount of GH¢9,100
as his fair share of the profit: GH¢7400 was paid to
the Plaintiff in person and GH¢1,700.00 was paid through the Plaintiff’s sister. The Defendant
further stated in his defence that the joint business was moved to another shop
but unfortunately, the shop was razed by fire which destroyed all their trading
wares and machinery.<o:p></o:p>By
way or reply, the Plaintiff averred that the Defendant approached him for a
loan to purchase a bailing machine from Accra to resell in Kumasi but he did
not have money</main>