PASTOR ERNEST OBENG AMOAKO vs. DULCIE BOATENG [2022]DLHC11741

Date	2022-07-13
Suit No.	SUIT NO: GJ/0087/2020
Citation No.	[2022]DLHC11741

HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

MR. PAUL KOFI BOAKYE FOR THE PLAINTIFF - PRESENT

MS. BERNADETTE MUSEY FOR THE DEFENDANT – PRESENT

[2022]DLHC11741
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													<main id="main" class="content" style="min-height: 60rem" >PASTOR ERNEST OBENG AMOAKO<o:p></o:p>(PLAINTIFF/APPLICANT)<o:p></o:p>vs.<o:p></o:p>DULCIE BOATENG<o:p></o:p>(DEFENDANT/
RESPONDENT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL&nbsp;&nbsp;&nbsp; <o:p></o:p>MR. PAUL KOFI BOAKYE FOR THE PLAINTIFF -
PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">MS. BERNADETTE MUSEY FOR THE
DEFENDANT – PRESENT<o:p></o:p>

</div>CORAM<o:p></o:p>HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">MOTION TO AMEND WITNESS STATEMENT<o:p></o:p>

</div>&nbsp;KWEKU
T. ACKAAH-BOAFO, J<o:p></o:p>&nbsp;I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BACKGROUND:<o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The facts of this case are free from
complexity. On October 17, 2019 the Plaintiff who is a Minister of the Gospel
issued a Writ of Summons against the Defendant for the recovery of Ten Thousand
United States of America (USA) Dollars ($10,000.00) and interest on the money
from August 2014 till date of final payment, damages for breach of contract and
aggravated damages for stress and inconvenience. A 11-paragraphed statement of
claim accompanied the writ of summons. The Defendant filed a 12 paragraph
statement of defence to deny the Plaintiff’s claim. <o:p></o:p>[2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The case of the Plaintiff is that the
Defendant in August 2014 approached him to lend her money to enable her travel
to Turkey to bring goods to Ghana. The Plaintiff averred that he gave the
Defendant an amount of $10,000.00, and she promised to pay back within two
months after her return to Ghana. The case of the Plaintiff is that despite
many demands made, the Defendant has refused/neglected to pay back the money.
The case of the Defendant contained in her averments is that when she met the
Plaintiff she had just gone through a divorce and was suffering a lot of
psychological and financial hardships and the Plaintiff encouraged and prayed
with her occasionally and also financially assisted her and “never once did she
think these advancements was a loan”.&nbsp;
The Defendant averred that after the financial help the Plaintiff
started showing signs of wanting to have an amorous relationship with her which
she turned down. According to the Defendant it was after the Plaintiff’s
unsuccessful attempt of having an amorous relationship that he indicated that
the money given to her was a loan. She therefore denied that she took a loan
from the Plaintiff.<o:p></o:p>&nbsp;ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Application &amp; Affidavits:<o:p></o:p>[3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Further to the setting down of the
matter for trial, the Court ordered the parties to file their witness
statements. Even though it took the Defendant some time, she eventually
complied with the order and filed the witness statement. The Plaintiff has
filed the instant application to amend the witness statement filed in July
2021. In the 10 paragraph supporting affidavit, it is the case of the Plaintiff
that when he filed his witness statement in July 2021, a “key document, a
WhatsApp conversation between me and the Defendant that corroborates my claims
against the Defendant was not exhibited to my Witness Statement. That, at the
time of filing my Witness Statement, I could not procure a printed copy of the
said conversation from my mobile communication network providers”. According to
the Plaintiff, he has subsequently printed the conversation and therefore prays
that he be granted leave to amend his witness statement to attach the said
WhatsApp conversation. He has attached a copy of the said conversation as Exhibit “EOA 1”. <o:p></o:p>&nbsp;[4]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Defendant is opposed to the
application and therefore a 17 paragraph affidavit in opposition has been
filed. It was deposed to by one Mathias Mensah of Laterbiokorshie. He says he
is the Law Clerk of the Solicitors for the Defendant. It is deposed that the
Applicant’s deposition that he could not print and attach a copy of the
“purported WhatsApp Conversation between himself and the Respondent” because
“it could not be retrieved from his mobile communication network providers is
false since Telcos do not provide copies of WhatsApp conversations”. According
to the Deponent, the falsity of the deposition is based on the fact that
WhatsApp messages are “encrypted end-to-end, meaning they can only be read on
the devices of the sender and the recipient”. The deponent further stated that
“the service provider cannot read the message nor can anybody who intercepts
it”.&nbsp; <o:p></o:p>&nbsp;[5]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The further deposition of the deponent
is that “a critical look at the said Exhibit makes it questionable and
therefore cannot be relied on by the Court for the final determination of the
matter”. The deponent re</main>