Afrifa v Amponsah Baffour and Another (CC/ASH/CC/C11/11/24) [2025] GHACC 47 (25 April 2025)

The 2nd defendant's partial admission of partnership and involvement in training and issuing documents to the plaintiff, combined with the legal effect of admissions under Order 23 Rule 1 of CI 47, justify entering judgment on admission for the refund of the sum claimed.

Citation: [2025] GHACC 47
Parties: Plaintiff/applicant: Seth Opoku Afrifa; 1st Defendant: Emeraid Abena Amponsah Baffour; 2nd Defendant/respondent: David Douglas
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 25 April 2025
Case Number: CC/ASH/CC/C11/11/24
Procedural Posture: Civil / Ruling on Motion for Judgment on Admission
Outcome: Judgment for the plaintiff on admission against the 2nd defendant.
Legal Topics: Judgment on Admission, Partnership Liability, Refund of Money, Interest on Debt
Source Language: English

Civil Procedure Contract Judgment on Admission Partnership Liability Refund of Money Interest on Debt

Case Brief

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Parties

Seth Opoku Afrifa

Plaintiff/applicant

Emeraid Abena Amponsah Baffour

1st Defendant

David Douglas

2nd Defendant/respondent

Procedural Posture

Civil / Ruling on Motion for Judgment on Admission

Legal Issues

1 Whether the 2nd defendant admitted facts sufficient for judgment on admission
2 Whether the 2nd defendant is liable as a partner for refund of money paid by the plaintiff
3 Whether interest and costs should be awarded

Ratio Decidendi

Court Disposition

Judgment for the plaintiff on admission against the 2nd defendant.

Orders

2nd defendant to pay GH¢50,000.00 to the plaintiff
2nd defendant to pay interest on GH¢50,000.00 from January 2023 to date of judgment at prevailing commercial bank rate