Mensah Vrs Agyemang & 4 Others [2023] GHADC 129 (14 June 2023)

Mensah Vrs Agyemang & 4 Others [2023] GHADC 129 (14 June 2023)

The plaintiff failed to discharge the burden of proof by not providing sufficient evidence or calling material witnesses to substantiate his claim that he took a loan for the defendants, and the defendants' version that the funeral was funded by Juliana Ameyaa was more probable.

Source-derived case information.

Citation
[2023] GHADC 129
Parties
Plaintiff: Joseph Adjei Mensah; Defendant: Papa Owusu; Defendant: Antie Afia; Defendant: Edward Bonsu; Defendant: Vida Adjeiwaa; Defendant: Attaa
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 June 2023
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Burden of Proof, Loan Recovery, Family Disputes
Source Language
english
Civil Procedure Evidence Burden of Proof Loan Recovery Family Disputes

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Parties

Joseph Adjei Mensah

Plaintiff

Papa Owusu

Defendant

Antie Afia

Defendant

Edward Bonsu

Defendant

Vida Adjeiwaa

Defendant

Attaa

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff took a loan for the defendants to perform the funeral of their late father

Ratio Decidendi

The plaintiff failed to discharge the burden of proof by not providing sufficient evidence or calling material witnesses to substantiate his claim that he took a loan for the defendants, and the defendants' version that the funeral was funded by Juliana Ameyaa was more probable.

Court Disposition

claim dismissed

Orders

  • Plaintiff's claim against the defendants is dismissed.
  • Cost of GH¢500.00 awarded against the plaintiff.