NYARKO V. AGYA & ANOTHER (A2/97/23) [2023] GHADC 797 (2 November 2023)

Plaintiff proved on the preponderance of probabilities that defendants owe her GHC4,700.00 for goods supplied, and 1st defendant is liable as guarantor based on evidence and conduct.

Citation: [2023] GHADC 797
Parties: Plaintiff: Vida Nyarko; 1st Defendant: Agya Ben; 2nd Defendant: Unknown (2nd Defendant)
Court: District Court
Jurisdiction: Ghana
Judgment Date: 2 November 2023
Case Number: A2/97/23
Procedural Posture: Civil / Judgment
Outcome: Judgment for plaintiff against both defendants
Legal Topics: Guarantee, Debt Recovery, Burden of Proof
Source Language: English

Contract Law Civil Procedure Guarantee Debt Recovery Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Vida Nyarko

Plaintiff

Agya Ben

1st Defendant

Unknown (2nd Defendant)

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether 2nd defendant purchased maize and charcoal from plaintiff
2 Whether 1st defendant promised to pay for the goods supplied to 2nd defendant
3 Whether plaintiff is entitled to her claim

Ratio Decidendi

Plaintiff proved on the preponderance of probabilities that defendants owe her GHC4,700.00 for goods supplied, and 1st defendant is liable as guarantor based on evidence and conduct.

Court Disposition

Judgment for plaintiff against both defendants

Orders

Defendants to pay GHC4,700.00 to plaintiff jointly and severally
Each defendant to pay GHC1,000.00 as costs to plaintiff