ADUBEA VRS. AKOS (A2/01//2023) [2023] GHADC 1078 (17 May 2023)

ADUBEA VRS. AKOS (A2/01//2023) [2023] GHADC 1078 (17 May 2023)

The Plaintiff's evidence was found more credible and probable than the Defendant's. The court held that the Plaintiff gave GHC8,000.00 to the Defendant for safe keeping, the Defendant knew the content and amount, and the GHC1,000.00 offered was a part-payment. The Plaintiff discharged the legal burden of proof, while the Defendant failed to discharge the evidential burden.

Citation
[2023] GHADC 1078
Parties
Plaintiff: Janet Adubea; Defendant: Belinda Akos
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 May 2023
Case Number
A2/01//2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Bailment, Safe Keeping of Money, Burden of Proof
Source Language
English
Contract Trusts Bailment Safe Keeping of Money Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Janet Adubea

Plaintiff

Belinda Akos

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff gave the Defendant a bag for safe keeping
  2. 2 Whether the content of the bag was made known to the Defendant

Ratio Decidendi

The Plaintiff's evidence was found more credible and probable than the Defendant's. The court held that the Plaintiff gave GHC8,000.00 to the Defendant for safe keeping, the Defendant knew the content and amount, and the GHC1,000.00 offered was a part-payment. The Plaintiff discharged the legal burden of proof, while the Defendant failed to discharge the evidential burden.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff GHC8,000.00
  • Defendant to pay costs of GHC800.00 to Plaintiff