YUSSIF VRS BALA (A2/70/24) [2024] GHADC 405 (15 March 2024)

YUSSIF VRS BALA (A2/70/24) [2024] GHADC 405 (15 March 2024)

Plaintiff proved on the balance of probabilities and beyond reasonable doubt that defendant deceitfully obtained GHS310,000.00 under false pretenses, failed to repay, and plaintiff suffered loss. Defendant's absence and lack of challenge to evidence further support plaintiff's claim. Plaintiff is entitled to recovery, interest, damages, and costs.

Citation
YUSSIF VRS BALA (A2/70/24) [2024] GHADC 405 (15 March 2024)
Parties
Plaintiff: Hajia Nawaratu Yussif; Defendant: Mutaka Bala
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 March 2024
Procedural Posture
Civil Commercial Contract / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Fraudulent Misrepresentation, Loan Recovery, Collateral Security, Burden of Proof, Default Judgment
Source Language
eng
Contract Law Commercial Law Evidence Law Fraudulent Misrepresentation Loan Recovery Collateral Security Burden of Proof Default Judgment

Case Brief

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Parties

Hajia Nawaratu Yussif

Plaintiff

Mutaka Bala

Defendant

Procedural Posture

Civil Commercial Contract / Judgment

Legal Issues

  1. 1 Whether the defendant deceitfully obtained GHS310,000.00 from the plaintiff under the pretext of executing a food supply contract
  2. 2 Whether the plaintiff is entitled to recovery of the sum, interest, damages for fraudulent misrepresentation, and costs
  3. 3 Whether the collateral can be subjected to judicial sale

Ratio Decidendi

Plaintiff proved on the balance of probabilities and beyond reasonable doubt that defendant deceitfully obtained GHS310,000.00 under false pretenses, failed to repay, and plaintiff suffered loss. Defendant's absence and lack of challenge to evidence further support plaintiff's claim. Plaintiff is entitled to recovery, interest, damages, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay GHS310,000.00 to plaintiff
  • Defendant to pay interest at prevailing bank rate from 15th December, 2023 until final payment