Cobbold Vrs Adjoa & 2 Others [2023] GHADC 587 (6 June 2023)

The 2nd Defendant, by his assurances and conduct, created a collateral contract and assumed the duty of a guarantor for the 1st Defendant's debt. The Plaintiff relied on these assurances to her detriment, and the 2nd Defendant is therefore liable for the outstanding debt as guarantor.

Citation: [2023] GHADC 587
Parties: Plaintiff: Agartha Cobbold; 1st Defendant: Adjoa; 2nd Defendant: Miezah
Court: District Court
Jurisdiction: Ghana
Judgment Date: 6 June 2023
Procedural Posture: Civil / Judgment
Outcome: Judgment for the Plaintiff against both Defendants. 2nd Defendant held liable as guarantor.
Legal Topics: Guarantee, Collateral Contract, Debt Recovery, Fraud, Burden of Proof
Source Language: English

Contract Law Civil Procedure Guarantee Collateral Contract Debt Recovery Fraud Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3

Parties

Agartha Cobbold

Plaintiff

Adjoa

1st Defendant

Miezah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 2nd Defendant stood as guarantor for the 1st Defendant
2 Whether the 2nd Defendant is liable to pay the debt

Ratio Decidendi

Court Disposition

Judgment for the Plaintiff against both Defendants. 2nd Defendant held liable as guarantor.

Orders

2nd Defendant to pay Plaintiff GH¢15,800.00 as balance of goods supplied to 1st Defendant.
Interest of 15% penalty on the sum from the date of commencement of the action.