Moses Vrs Adu [2022] GHADC 116 (5 September 2022)

Moses Vrs Adu [2022] GHADC 116 (5 September 2022)

The defendants are bound by the contents of the promissory note they executed, which acknowledged receipt of GH₵5,000.00, and the plaintiff's evidence is more probable than the defendants'. Judgment is entered for the plaintiff for recovery of GH₵5,000.00.

Citation
[2022] GHADC 116
Parties
Plaintiff: Agyei Moses; 1st Defendant: Joseph Adu; 2nd Defendant: Grace Pomaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 September 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Promissory Notes, Loan Agreements, Burden of Proof
Source Language
English
Contract Law Civil Procedure Promissory Notes Loan Agreements Burden of Proof

Case Brief

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Parties

Agyei Moses

Plaintiff

Joseph Adu

1st Defendant

Grace Pomaa

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff granted financial assistance of GH₵5,000.00 to the defendants
  2. 2 Whether the defendants took a loan of GH₵2,500.00 from the plaintiff

Ratio Decidendi

The defendants are bound by the contents of the promissory note they executed, which acknowledged receipt of GH₵5,000.00, and the plaintiff's evidence is more probable than the defendants'. Judgment is entered for the plaintiff for recovery of GH₵5,000.00.

Court Disposition

judgment for the plaintiff

Orders

  • Defendants to refund GH₵5,000.00 to the plaintiff
  • Defendants to pay interest on GH₵5,000.00 from 18th April, 2020 to date of judgment at prevailing commercial bank rate