AHMED V. AGYA BEN & ANOTHER (A2/96/23) [2023] GHADC 784 (2 November 2023)

AHMED V. AGYA BEN & ANOTHER (A2/96/23) [2023] GHADC 784 (2 November 2023)

Plaintiff proved on the preponderance of probabilities that the defendants owe her GHC4,700.00 for goods supplied, and 1st defendant is liable as guarantor based on evidence including phone communication and conduct.

Citation
[2023] GHADC 784
Parties
Plaintiff: Jamira Ahmed; 1st Defendant: Agya Ben; 2nd Defendant: Unknown (2nd Defendant)
Court
District Court
Jurisdiction
Ghana
Judgment Date
2 November 2023
Case Number
A2/96/23
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff against both defendants
Legal Topics
Guarantee, Debt Recovery, Burden of Proof
Source Language
English

Case Brief

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Parties

Jamira Ahmed

Plaintiff

Agya Ben

1st Defendant

Unknown (2nd Defendant)

2nd Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether 2nd defendant purchased maize and charcoal from plaintiff on credit
  2. 2 Whether 1st defendant promised to pay for the goods supplied to 2nd defendant
  3. 3 Whether plaintiff is entitled to her claim

Ratio Decidendi

Plaintiff proved on the preponderance of probabilities that the defendants owe her GHC4,700.00 for goods supplied, and 1st defendant is liable as guarantor based on evidence including phone communication and conduct.

Court Disposition

Judgment for plaintiff against both defendants

Orders

  • Defendants to pay GHC4,700.00 to plaintiff jointly and severally
  • Each defendant to pay GHC1,000.00 as costs to plaintiff