KANLIGI VRS IDDRISU & 3 OTHERS [2024] GHADC 153 (15 May 2024)

KANLIGI VRS IDDRISU & 3 OTHERS [2024] GHADC 153 (15 May 2024)

Exhibit A was voluntarily signed by 2nd, 3rd, and 4th defendants, not under duress, and is valid and binding. Defendants are jointly and severally liable for the outstanding debt, less amount already paid.

Citation
KANLIGI VRS IDDRISU & 3 OTHERS [2024] GHADC 153 (15 May 2024)
Parties
Plaintiff: Kanligi Ebenezer; 1st Defendant: Iddrisu Farouk; 2nd Defendant: Mohammed Yussif; 3rd Defendant: Issahaku Mumuni; 4th Defendant: Iddrisu Mohammed
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 May 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Guarantee, Joint and Several Liability, Recovery of Debt, Duress, Burden of Proof
Source Language
eng
Contract Law Guarantee Joint and Several Liability Recovery of Debt Duress Burden of Proof

Case Brief

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Parties

Kanligi Ebenezer

Plaintiff

Iddrisu Farouk

1st Defendant

Mohammed Yussif

2nd Defendant

Issahaku Mumuni

3rd Defendant

Iddrisu Mohammed

4th Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Exhibit A signed by the plaintiff and the 2nd, 3rd and 4th defendants is valid and binding

Ratio Decidendi

Exhibit A was voluntarily signed by 2nd, 3rd, and 4th defendants, not under duress, and is valid and binding. Defendants are jointly and severally liable for the outstanding debt, less amount already paid.

Court Disposition

judgment for plaintiff

Orders

  • Recovery of GHS14,017.00 from defendants jointly and severally
  • Interest at prevailing commercial bank rate from 1st December, 2022 until final payment