APPIAH V BIO (civil case 395 of 2024) [2024] GHADC 492 (14 October 2024)

APPIAH V BIO (civil case 395 of 2024) [2024] GHADC 492 (14 October 2024)

Plaintiff's evidence, corroborated by a witness and unchallenged due to defendant's absence, proved on a balance of probabilities that the defendant received and failed to repay GH₵6,200.00, entitling the plaintiff to judgment.

Citation
[2024] GHADC 492
Parties
Plaintiff: Samuel Appiah; Defendant: Emmanuel Bio
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 October 2024
Case Number
civil case 395 of 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Recovery of Debt, Burden of Proof, Default Judgment
Source Language
English
Contract Law Civil Procedure Recovery of Debt Burden of Proof Default Judgment

Case Brief

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Parties

Samuel Appiah

Plaintiff

Emmanuel Bio

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover GH₵6,200.00 given as startup capital to the defendant

Ratio Decidendi

Plaintiff's evidence, corroborated by a witness and unchallenged due to defendant's absence, proved on a balance of probabilities that the defendant received and failed to repay GH₵6,200.00, entitling the plaintiff to judgment.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff GH₵6,200.00
  • Defendant to pay interest on GH₵6,200.00 at prevailing bank rate from April 2019 until final payment