VICTOR AGBESI vs. SOLOMON AGYEI A.K.A. SOLOMON ADJEI [2015]DLHC3574

Date	2015-12-03
Suit No.	SUIT NO.P/RPC/53/15
Citation No.	[2015]DLHC3574

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

ADJEI BEDIAKO FOR PLAINTIFF.

DAVID P. AMEDIOR FOR DEFENDANT.

[2015]DLHC3574
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													<main id="main" class="content" style="min-height: 60rem" >VICTOR AGBESI<o:p></o:p>vs.<o:p></o:p>SOLOMON AGYEI A.K.A. SOLOMON
ADJEI<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/53/15&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 3RD
DECEMBER, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>ADJEI BEDIAKO 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>The
Plaintiff endorsed his writ of summons and statement of claim for the recovery
of the sum of GH¢60,000.00 which the Defendant borrowed from him, but failed to
repay contrary to a promissory Note dated November, 5, 2014. He also claimed
interest on the said amount. <o:p></o:p>It
is to be noted that on 26/05/2015, judgment on admissions was entered against
the Defendant in the sum of GH¢40,000.00. Therefore, the trial was in respect
of the outstanding balance of GH¢ 20,000.00. <o:p></o:p>The
issues set down for trial are&nbsp; as
follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the defendant was granted a
financial assistance of GH¢ 52, 500.00 on 05-11-2014?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Defendant again took an
amount of GH¢ 7,500.00 in addition to the GH¢52,500.00 as financial assistance
and issued a cheque in respect of same for payment?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether not the Plaintiff granted a
financial assistance and added an amount of GH¢12,500.00 by way of interest for
one month?<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Any other issues raised in the pleadings.<o:p></o:p>At
the trial, the Plaintiff relied on his witness statement filed on 27/05/15. Two
witnesses who testified on behalf of the Plaintiff also relied on their witness
statements filed on the same date.<o:p></o:p>Per
the Plaintiff's evidence-in-chief, the Defendant, his son (Kofi Asante) and a
friend of the Plaintiff (Issah Yakubu) came to his house sometime in October,
2014. The Defendant told him that his son had gained admission into a
university abroad and that he had no money to fund the travelling and other
expenses.&nbsp; The Defendant showed him his
redundancy letter and indicated that looking at the time his redundancy package
will be paid to him, the deadline for making the payments for his son would
have elapsed. Therefore, he sought a financial assistance of GH¢80,000.00 from
the Plaintiff.<o:p></o:p>Continuing,
the Plaintiff said he did not have money that day so he directed them to come
at a later date. On that subsequent day, the Plaintiff said he gave a total
amount of GH¢52,500.00 to the Defendant and that his son, Derrick Agbesi who
has now travelled to Australia to further his studies was present.&nbsp; The Defendant promised to repay the GH¢52,
500.00 by the end of November, 2014.<o:p></o:p>Two
weeks later, the Plaintiff was uncomfortable with the fact that the transaction
was not documented. Thus, the parties herein, the Plaintiff, Issah Yakubu and
Derrick Agbesi ( Plaintiff's son) went to a "typewriter" by name
Bartholomew Syne Ackah at </main>