TEYE VRS KWAME (A2/03/2021) [2024] GHADC 132 (9 January 2024)

TEYE VRS KWAME (A2/03/2021) [2024] GHADC 132 (9 January 2024)

The Plaintiff adduced sufficient evidence to discharge the burden of persuasion for recovery of the claimed amount, and procedural rules were followed despite the Defendant's death and refusal of his family to accept service.

Citation
TEYE VRS KWAME (A2/03/2021) [2024] GHADC 132 (9 January 2024)
Parties
Plaintiff: Teye Cynthia; Defendant: Kwame Ankrah Armstrong
Court
ghadc
Jurisdiction
Ghana
Judgment Date
9 January 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Debt Recovery, Substitution of Parties, Burden of Proof
Source Language
eng
Civil Procedure Contract Debt Recovery Substitution of Parties Burden of Proof

Case Brief

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Parties

Teye Cynthia

Plaintiff

Kwame Ankrah Armstrong

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to recover GH¢18,855.00 from the Defendant as financial assistance for construction.
  2. 2 Whether the Plaintiff has discharged the burden of proof in the absence of the Defendant due to death.

Ratio Decidendi

The Plaintiff adduced sufficient evidence to discharge the burden of persuasion for recovery of the claimed amount, and procedural rules were followed despite the Defendant's death and refusal of his family to accept service.

Court Disposition

Judgment for the Plaintiff

Orders

  • Recovery of GH¢18,855.00 in favour of the Plaintiff
  • Costs of GH¢1,000.00 awarded to the Plaintiff