OKRU BOATENG vs. NOBLE DREAM FINANCIAL SERVICE LTD. [2016]DLHC3822

Date	2016-05-13
Suit No.	SUIT NO.BFS/218/15
Citation No.	[2016]DLHC3822

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

DENNIS KUMAH KWARKYE FOR PLAINTIFF.

KWASI ADU MANTE FOR DEFENDANT.

[2016]DLHC3822
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													<main id="main" class="content" style="min-height: 60rem" >OKRU BOATENG<o:p></o:p>vs.<o:p></o:p>NOBLE DREAM FINANCIAL
SERVICE LTD.<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
COURT), 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.BFS/218/15&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; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 13TH MAY, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>DENNIS KUMAH KWARKYE 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">

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>This
is a suit in which the plaintiff seeks to recover an amount of GH¢ 44, 836.48
together with interest , and general damages for breach of contract from the
defendant.&nbsp; The defendant&nbsp; denied the assertions contained in the
plaintiff 's statement of claim, but following the refusal of the defendant to
file its witness statement as ordered&nbsp; by
the court, its defence was struck&nbsp; out in
accordance with order 32 rule 7A (3) (b)of the High Court (Civil
Procedure)&nbsp; (Amendment) Rules, 2014 (C.I.
87).<o:p></o:p>The
court has been invited to determine three issues, namely:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the plaintiff&nbsp; is a customer of the defendant final institution?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether&nbsp;
or not the plaintiff&nbsp; invested GH¢44,
836.48 in the defendant's institution?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether&nbsp;
or not the plaintiff&nbsp; is entitled
to his claim?<o:p></o:p>Counsel
for the defendant was served with a hearing notice to attend the trial on
06/04/2016, but very characteristic&nbsp; of
him, he failed to show up. No reasons were given for the absence of the
defendant and its counsel. The court proceeded to allow the plaintiff&nbsp; to prove his claims at that point.<o:p></o:p>At
the trial, the plaintiff relied on his witness statement filed on 15/07/15 as
his evidence-in-chief wherein he testified that following a radio announcement
inviting prospective customers to invest in the defendant's&nbsp; products, he opened an account&nbsp; with the defendant's&nbsp; branch at Maakro, and deposited an amount of
GH¢ 22,000 . Later he deposited&nbsp; the sum
of&nbsp; GH¢7000.00. He was initially&nbsp; assigned an account number- SA 0001141; and
subsequently,&nbsp; another account number-
20-08011141-01 was generated for him. He was given a certificate showing the
amount invested as fixed deposit, the rate of interest he was entitled to earn,
and the maturity date.&nbsp; The plaintiff
further testified&nbsp; that he is unable to
trace his first certificate&nbsp; of deposit&nbsp; but tendered in evidence three certificates
issued to him when the money was re-invested. In all, the plaintiff&nbsp; said his investments covered the period 31
October,&nbsp; 2013 through to 06/08/ 2014 and
the total amount due him inclusive of interest&nbsp;
as of 06/08/2014 is GH¢ 44, 836.48.<o:p></o:p>In
support of the above oral evidence, the plaintiff&nbsp; tendered&nbsp;
various investment certificates&nbsp;
and deposit slips indicating monies paid into his account with the
defendant as exhibits OA to OA6. <o:p></o:p>Even
though the Defendant&nbsp; elected not to
participate in this trial, the onus of proof still rests on the plaintiff&nbsp; to show that he is entitled to the reliefs he
seeks. He is required to introduce such evidence so that on the totality of the
evidence on record, the court will find his story to be more probable, than
not. As was held in the case of&nbsp; Re Ashalley Botwe Lands; Adjetey Agbosu &amp; Ors v Kotey &amp; Ors (
2003-2004) SCGLR 420:<o:p></o:p>