AMANKWAAH VRS AGYENIM (A2/20/2023) [2023] GHACC 1141 (14 December 2023)

IN THE CIRCUIT COURT HELD AT KUMAWU – ASHANTI ON THURSDAY 14TH DECEMBER, 2023 BEFORE HIS HONOUR JONATHAN ODARTEY ESQ. CIRCUIT COURT JUDGE BETWEEN: MADAM AGARTHA AMANKWAAH BODOMASE KUMAWU - ASHANTI VRS EMMANUEL OSEI AGYENIM OF KWAMAN-ASHANTI JUDGMENT SUIT NO:A2/20/2023 PLAINTIFF DEFENDANT The plaintiff brought this action against the defendant claiming from the defendant cash refund of thirty four thousand and six hundred Ghana cedis (GH₵34,600 being financial assistance offered to the defendant but after the expiration of the first deadline the defendant promised to repay the loan failed. The defendant in his paragraph 4 of the statement of defence informed that court he rather owe the plaintiff GH ₵24,200 interest inclusive and prayed that the plaintiff gives him four months thus up to December 2023 ending to refund the entire money to the plaintiff without fail (paragraph 10 of his statement of defence). At the close of pleadings, the court found the following issues relevant for determination of the case 1. Whether or not the defendant was granted the loan of GH₵ 22,000 by the plaintiff? 2. Whether or not the 10% interest on the amount was agreed by the defendant to be added to the loan 3. Whether or not the loan has travelled beyond the agreed repayment time? 4. Whether or not the plaintiff is entitled to her claim. Parties were ordered to file pre-trial chick list and witness statement which the defendant failed to file the said process for the case to continue. During the trial the plaintiff gave evidence to the effect that the defendant owes her GH ₵50,000 which was not objected to by the defendant. From the evidence in chief of the plaintiff and her witness who also gave evidence it came to light that the amount collected by the defendant from the plaintiff was GH₵24,200 however as a result of the non- payment of the principal loan and the 10% interest on the loan the amount being demanded by the plaintiff has increased. From the evidence on record it is instructive to note that there is an admission from the defendant that he owes the plaintiff GH₵24,200 but wanted time to pay the said loan. Since the defendant failed to subsequently provide evidence on the actual amount of money to be paid to the plaintiff the court went ahead to use the available evidence to determine what has to be given to the plaintiff. In the circumstance defendant is ordered to refund the loan amount of GH 24,200 to the plaintiff with interest of 10% annually from the day the loan was made available to him and a Cost of GH₵2,000 in favour of the plaintiff. SGD H/H JONATHAN ODARTEY ESQ. CIRCUIT COURT JUDGE KUMAWU - ASHANTI