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
Summary, issues, holding and outcome
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Parties
Jamira Ahmed
Plaintiff
Agya Ben
1st Defendant
Unknown (2nd Defendant)
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether 2nd defendant purchased maize and charcoal from plaintiff on credit
- 2 Whether 1st defendant promised to pay for the goods supplied to 2nd defendant
- 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
Full Case Text
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