Agyeman Vrs Awaya [2023] GHADC 263 (31 January 2023)

Agyeman Vrs Awaya [2023] GHADC 263 (31 January 2023)

The plaintiff failed to prove entitlement to GH¢8,000.00; the loan contract was unconscionable due to excessive interest by an unregistered financial service. Plaintiff is entitled to only 1/3 of the claimed debt, reflecting fairness and statutory expectations.

Citation
Agyeman Vrs Awaya [2023] GHADC 263 (31 January 2023)
Parties
Plaintiff: Nicholas Agyeman; Defendant: Abu Awaya
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Civil / Final Judgment
Outcome
partially allowed
Legal Topics
Loan Recovery, Interest Rates, Unconscionable Contracts
Source Language
eng
Contract Banking and Finance Loan Recovery Interest Rates Unconscionable Contracts

Case Brief

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Parties

Nicholas Agyeman

Plaintiff

Abu Awaya

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to recover GH¢8,000.00 from defendant for loan and interest
  2. 2 Whether the contract terms and interest rate are unconscionable

Ratio Decidendi

The plaintiff failed to prove entitlement to GH¢8,000.00; the loan contract was unconscionable due to excessive interest by an unregistered financial service. Plaintiff is entitled to only 1/3 of the claimed debt, reflecting fairness and statutory expectations.

Court Disposition

partially allowed

Orders

  • Plaintiff awarded GH¢2,700.00 as 1/3 of claimed debt against defendant.
  • Plaintiff awarded costs of GH¢1,300.00 against defendant.