Agbasa Vrs Hanson [2023] GHACC 250 (16 February 2023)

Agbasa Vrs Hanson [2023] GHACC 250 (16 February 2023)

Defendant collected GH¢34,500 from plaintiff for business venture with Age and Nana Fynn. Defendant is personally liable to refund the sum as he failed to join Age or Nana Fynn as defendants and consistently denied personal liability. Defendant is ordered to pay GH¢36,500 plus interest at the current bank rate from 7/9/2020 until full payment.

Citation
Agbasa Vrs Hanson [2023] GHACC 250 (16 February 2023)
Parties
Plaintiff: Samuel Agbasa; Defendant: Felix Appiah Hanson
Court
ghacc
Jurisdiction
Ghana
Judgment Date
16 February 2023
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Financial Assistance, Partnership Liability, Evidence Burden, Interest Calculation
Source Language
eng
Contract Debt Recovery Financial Assistance Partnership Liability Evidence Burden Interest Calculation

Case Brief

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Parties

Samuel Agbasa

Plaintiff

Felix Appiah Hanson

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant owes the plaintiff GH¢36,500
  2. 2 Whether the defendant paid GH¢2,000 to the plaintiff’s wife towards liquidation of the debt
  3. 3 Whether the plaintiff is entitled to his claims

Ratio Decidendi

Defendant collected GH¢34,500 from plaintiff for business venture with Age and Nana Fynn. Defendant is personally liable to refund the sum as he failed to join Age or Nana Fynn as defendants and consistently denied personal liability. Defendant is ordered to pay GH¢36,500 plus interest at the current bank rate from 7/9/2020 until full payment.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff GH¢36,500
  • Interest at current bank rate from 7/9/2020 until full and final payment