MENKAH VRS ADDO (A2/85/2023) [2023] GHADC 931 (9 March 2023)

IN THE DISTRICT COURT HELD AT TEMA ON THE 9TH DAY OF MARCH, 2023 BEFORE HER WORSHIP SIRAN MAHAMA SITTING AS DISTRICT MAGISTRATE. A2/58//2023 ALBERT KOFI AMPOFO MENKAH ) LITICIA ARTHUR SAKI NEAR TEMA ) PLAINTIFF VS. KWAME ADDO ) ---------------------------------------------------------------------------------------------------- JUDGMENT ON ADMISSION DEFENDANT ---------------------------------------------------------------------------------------------------- Plaintiffs: - 1st Plaintiff (Present) 2nd Plaintiff (Absent) Defendant: (Present) By Court: - Let the plea of the defendant be taken. Claims Read and Explained in Twi Claim ‘1’:- Recovery of GH₵19,459.00 being assorted item defendant purchased from plaintiff and has failed to pay. Plea of Defendant: - Liable Claim “2’:- Payment of interest on the said GH₵19,459.00 at the prevailing bank rate with effect from October, 2022, till the date of final payment. Plea of Defendant: - Liable Claim ‘3’:- Cost Plea of Defendant: - Liable By Court: - How does defendant intend to pay the debt owed under claim one (1) being GH₵19,459.00? By Defendant: - I propose to pay by monthly installments of GH₵1,500 until the whole amount is finally liquidated. I promised to increase the payment as and when the situation improves and will not relent in my effort to do so. By Plaintiff: - I am not okay with defendants proposal. I can only oblige him four (4) months within which to settle the entries debt. The proposed time is too long. By Defendant: - I propose ten (10) months. By Plaintiff: - I will oblige the defendant for nine (9) months. By Court:- Judgment on admission is entered in favour of plaintiff against defendant on all three (3) claims. Pursuant to agreement reached by parties in open court. It is hereby ordered that the defendant herein shall pay the plaintiffs a total of GH₵19,459 under claim one (1) of this action, in nine (9) monthly installments of GH₵2,162.11 per month. The payment schedule shall be as follows: 1st Installment: 06/04/2023 2nd Installment: 04/05/2023 3rd Installment: 08/06/2023 4th Installment: 06/07/2023 5th Installment: 10/08/2023 6th Installment: 07/09/2023 7th Installment: 05/10/2023 8th Installment: 09/11/2023 9th Installment: 07/12/2023 This matter is adjourned to Thursday, 6th April 2023 for defendant to pay the first installment of GH₵2,162.00 to plaintiffs herein. Orders in respect of claims two (2) and three (3) of this action, shall be made after the defendant has paid the principal sum of GH₵19,459 to plaintiff’s in full. SGD HER WORSHIP SIRAN MAHAMA MAGISTRATE 09/03/2023