Yakubu Vrs Iddrisu & Another [2023] GHADC 152 (23 February 2023)

Yakubu Vrs Iddrisu & Another [2023] GHADC 152 (23 February 2023)

The plaintiff failed to prove on a balance of probabilities that the 2nd defendant was party to the agreement or guaranteed the debt; mere facilitation or promise to assist does not transfer liability.

Citation
[2023] GHADC 152
Parties
Plaintiff: Afisata Yakubu; Defendant: Sariki Iddrisu; Defendant: Mma Rahina
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 February 2023
Procedural Posture
Civil / Judgment
Outcome
plaintiff's case dismissed
Legal Topics
Breach of Contract, Burden of Proof, Liability of Third Parties
Source Language
English
Contract Law Civil Procedure Breach of Contract Burden of Proof Liability of Third Parties

Case Brief

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Parties

Afisata Yakubu

Plaintiff

Sariki Iddrisu

Defendant

Mma Rahina

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 2nd defendant is liable for the debt owed by the 1st defendant to the plaintiff
  2. 2 Whether there was any agreement or guarantee by the 2nd defendant to pay the plaintiff

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the 2nd defendant was party to the agreement or guaranteed the debt; mere facilitation or promise to assist does not transfer liability.

Court Disposition

plaintiff's case dismissed

Orders

  • Plaintiff's claims against the 2nd defendant are dismissed entirely.
  • Plaintiff to pay costs of GH₵1,000.00 to the 2nd defendant.