MBA VRS ATAMBA (UE/ZB/DC/A1/05/2023) [2024] GHADC 161 (21 February 2024)

MBA VRS ATAMBA (UE/ZB/DC/A1/05/2023) [2024] GHADC 161 (21 February 2024)

The court determined the actual principal borrowed was Ghc6,500.00 based on documentary evidence and witness testimony, excluded amounts not directly borrowed by Defendant, and found the agreed interest rate unconscionable, awarding a reduced interest rate.

Citation
MBA VRS ATAMBA (UE/ZB/DC/A1/05/2023) [2024] GHADC 161 (21 February 2024)
Parties
Plaintiff: Mba Ndewini Kwaku; Defendant: Simon Atamba
Court
ghadc
Jurisdiction
Ghana
Judgment Date
21 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Loan Agreement, Unconscionable Contract, Burden of Proof, Interest Calculation
Source Language
eng
Contract Law Evidence Law Loan Agreement Unconscionable Contract Burden of Proof Interest Calculation

Case Brief

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Parties

Mba Ndewini Kwaku

Plaintiff

Simon Atamba

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant borrowed Ghc6,000.00 or Ghc9,100.00 as claimed by Plaintiff
  2. 2 Whether the loan has been paid in full together with interest

Ratio Decidendi

The court determined the actual principal borrowed was Ghc6,500.00 based on documentary evidence and witness testimony, excluded amounts not directly borrowed by Defendant, and found the agreed interest rate unconscionable, awarding a reduced interest rate.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to pay Plaintiff Ghc4,500.00 as outstanding principal
  • Defendant to pay 10% monthly interest from August 2023 until final payment