MR. ABDUL MAJID YUSIF vs. MR. KWASI BOADU [2016]DLHC3820

Date	2016-04-12
Suit No.	SUIT NO.RPC/120/13
Citation No.	[2016]DLHC3820

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

YAW ATTAKORAH AMOO FOR PATRICK ASANTE NNURO FOR PLAINTIFF

NO LEGAL REPRESENTATION FOR THE DEFENDANT

[2016]DLHC3820
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													<main id="main" class="content" style="min-height: 60rem" >MR. ABDUL MAJID YUSIF<o:p></o:p>vs.<o:p></o:p>MR. KWASI BOADU<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.RPC/120/13&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: 12TH APRIL, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>YAW ATTAKORAH AMOO FOR
PATRICK ASANTE NNURO 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">

NO
LEGAL REPRESENTATION FOR THE DEFENDANT<o:p></o:p>

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">

</div>By
the endorsement on his writ of summons issued from the Registry of this court
on 28/05/13, the Plaintiff herein claimed the under listed reliefs:<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An order for the payment of an amount of
Twenty Thousand Ghana Cedis comprising GH¢15,000 outstanding debt on a contract
signed with the Defendant to supply the Plaintiff with 350 refined Gold which
the Defendant failed and GH¢5000 being an amount of money used by the Plaintiff
to repair Defendant's Nissan Frontier Pick-up.<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;
Interest on the amount of GH¢15,000 at the
prevailing Commercial rate from 26th day January 2012 until date of
payment.<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Damages for defaming the Plaintiff<o:p></o:p>d)&nbsp;&nbsp;&nbsp;&nbsp;
Cost<o:p></o:p>e)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Any other order(s) as the Court may deem
just.<o:p></o:p>Simply
put, the Plaintiff's case is that by a memorandum of understanding dated
26/01/2012, the Defendant agreed to supply him 350 blades of refined gold
valued at GH¢17,500.00 within one month. The Plaintiff allegedly paid the GH¢17,500
to the Defendant who to repay an amount of GH¢ 25,000.00 to the Plaintiff if he
was unable to supply the gold. It is also the Plaintiff's case that when the
Defendant failed to supply the gold to him, he refunded GH¢ 12,000.00 but took
an additional loan of GH¢2,000.00 and thus leaving an unpaid balance of GH¢15,000.00.
The Plaintiff further asserted that the Defendant released his Nissan Frontier
pick up vehicle to him to defray the said amount and he spent an amount of GH¢5000
to maintain it.&nbsp; Thereafter, the
Plaintiff maintained that the Defendant used unperceived means to retrieve the
said vehicle from him and also went on air to describe him as a thief.<o:p></o:p>The
Defendant amended his earlier statement of defence and in the amended defence
filed on 04/04/14, he admitted that the Plaintiff gave him GH¢17,000 to supply
him with 350 blades or 35 pounds of refined gold. He alleged that the gold he
procured was stolen together with his other property and subsequent to that, it
was agreed between the parties that if the gold was retrieved from the
suspects, the Defendant would give it to the Plaintiff, but if the Defendant
reneged on that agreement, he would pay GH¢25,000.00 to the Plaintiff.&nbsp;&nbsp; The Defendant further asserted that the
Plaintiff tricked him and took his Toyota Mini bus with a market value of GH¢22,500.00;
unilaterally valued it at GH¢12,000.00 and said he was using it to defray part
of his indebtedness.&nbsp; It is also his case
that the Plaintiff requested him to bring his Nissan Frontier Pick-Up worth GH¢22,500.00
to convey diesel for their joi</main>