Quayson & Another Vrs Dakwa [2022] GHADC 326 (1 December 2022)
Plaintiffs failed to adduce cogent evidence to support their claim for interest from December 2021, and did not tender the contract of guarantee or prove entitlement to interest. Relief 3 for interest is dismissed.
- Citation
- [2022] GHADC 326
- Parties
- Plaintiff: Jephtan Quayson; Plaintiff: David Andoh; Defendant: John Boakye Dakwa
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 1 December 2022
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiffs' claim for interest dismissed; costs awarded to plaintiffs.
- Legal Topics
- Guarantee, Loan Recovery, Interest on Judgment Debt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jephtan Quayson
Plaintiff
David Andoh
Plaintiff
John Boakye Dakwa
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether plaintiffs are entitled to interest at the prevailing bank rate from December 2021 until the date of final payment
- 2 Whether plaintiffs are entitled to their reliefs
Ratio Decidendi
Plaintiffs failed to adduce cogent evidence to support their claim for interest from December 2021, and did not tender the contract of guarantee or prove entitlement to interest. Relief 3 for interest is dismissed.
Court Disposition
Plaintiffs' claim for interest dismissed; costs awarded to plaintiffs.
Orders
- Defendant to pay costs of Gh¢2,000.00 to plaintiffs
- Interest on costs at prevailing bank rate from date of judgment until payment
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