AFRICAN CONNECTIONS GH LTD (AC) VRS TINGBAKI & 2 OTHERS (A2/09/2021) [2023] GHADC 1262 (12 October 2023)

AFRICAN CONNECTIONS GH LTD (AC) VRS TINGBAKI & 2 OTHERS (A2/09/2021) [2023] GHADC 1262 (12 October 2023)

The plaintiff failed to prove on a balance of probabilities that the defendants executed the 2014 input credit facility loan agreement. The plaintiff did not produce prior documents for signature comparison or evidence of dealings in 2014, and failed to call a material witness without explanation. Therefore, the...

Source-derived case information.

Citation
[2023] GHADC 1262
Parties
Plaintiff: African Connections GH Ltd; Defendant: Kotam Tingbaki; Defendant: Buonasong Nwindaa; Defendant: Yaw Nortey
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 October 2023
Case Number
A2/09/2021
Procedural Posture
Civil / Judgment
Outcome
plaintiff's claims dismissed
Legal Topics
Input Credit Facility, Loan Agreement, Evidence of Contract Execution, Burden of Proof
Source Language
english
Contract Law Input Credit Facility Loan Agreement Evidence of Contract Execution Burden of Proof

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Parties

African Connections GH Ltd

Plaintiff

Kotam Tingbaki

Defendant

Buonasong Nwindaa

Defendant

Yaw Nortey

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants executed the input credit facility loan agreement in 2014 as alleged by the plaintiff
  2. 2 Whether the defendants defaulted on their obligations under the contract
  3. 3 Whether the plaintiff is entitled to the reliefs sought

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendants executed the 2014 input credit facility loan agreement. The plaintiff did not produce prior documents for signature comparison or evidence of dealings in 2014, and failed to call a material witness without explanation. Therefore, the plaintiff's claims are dismissed.

Court Disposition

plaintiff's claims dismissed

Orders

  • Plaintiff's claims against the defendants are dismissed.
  • Plaintiff to pay costs of GH¢ 1,500.00 to the defendants.