Danso Vrs Nkrumah [2023] GHADC 402 (17 April 2023)

Danso Vrs Nkrumah [2023] GHADC 402 (17 April 2023)

There was a valid and enforceable contract between the Plaintiff and 1st Defendant, and the 1st Defendant’s failure to repay the loan within the agreed time constituted a breach of contract, entitling the Plaintiff to recovery of the sum, interest, and costs.

Citation
[2023] GHADC 402
Parties
Plaintiff: Nana Abeam Addai Danso; 1st Defendant: Alex Nrumah; 2nd Defendant: Afia Badu
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 April 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Breach of Contract, Loan Recovery, Guarantor Liability
Source Language
English
Contract Law Breach of Contract Loan Recovery Guarantor Liability

Case Brief

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Parties

Nana Abeam Addai Danso

Plaintiff

Alex Nrumah

1st Defendant

Afia Badu

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a valid contract between the Plaintiff and 1st Defendant
  2. 2 Whether the 1st Defendant's conduct amounts to a breach of contract

Ratio Decidendi

There was a valid and enforceable contract between the Plaintiff and 1st Defendant, and the 1st Defendant’s failure to repay the loan within the agreed time constituted a breach of contract, entitling the Plaintiff to recovery of the sum, interest, and costs.

Court Disposition

Judgment for Plaintiff

Orders

  • Recovery and refund of GHC6000 from Defendants jointly and severally
  • Interest on GHC6000 from 20/04/2019 at prevailing bank rate until final payment