Agyei Vrs Adu & Another [2022] GHADC 9 (5 September 2022)

Agyei Vrs Adu & Another [2022] GHADC 9 (5 September 2022)

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

Citation
[2022] GHADC 9
Parties
Plaintiff: Agyei Moses; Defendant: Joseph Adu; Defendant: Grace Pomaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 September 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Promissory Notes, Loan Agreements, Burden of Proof, Standard of Proof
Source Language
English
Contract Law Civil Procedure Promissory Notes Loan Agreements Burden of Proof Standard of Proof

Case Brief

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Parties

Agyei Moses

Plaintiff

Joseph Adu

Defendant

Grace Pomaa

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 promissory note they executed, which acknowledges receipt of GH₵5,000.00, and the plaintiff's evidence is more probable than the defendants'. Judgment is entered for the plaintiff for GH₵5,000.00 plus interest and costs.

Court Disposition

judgment for plaintiff

Orders

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