YUSSIF VRS BALA (A2/70/24) [2024] GHADC 91 (15 March 2024)

YUSSIF VRS BALA (A2/70/24) [2024] GHADC 91 (15 March 2024)

Plaintiff proved on the balance of probabilities and beyond reasonable doubt that defendant deceitfully obtained GHS310,000.00 under false pretence, failed to repay, and committed fraudulent misrepresentation. Defendant's failure to attend or respond allowed the court to proceed and grant reliefs sought.

Citation
YUSSIF VRS BALA (A2/70/24) [2024] GHADC 91 (15 March 2024)
Parties
Plaintiff: Hajia Nawaratu Yussif; Defendant: Mutaka Bala
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 March 2024
Procedural Posture
Civil Commercial Contract / Final Judgment After Defendant's Default
Outcome
Judgment for the plaintiff
Legal Topics
Fraudulent Misrepresentation, Loan Recovery, Collateral Security, Default Judgment
Source Language
eng
Contract Law Tort Law Fraudulent Misrepresentation Loan Recovery Collateral Security Default Judgment

Case Brief

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Parties

Hajia Nawaratu Yussif

Plaintiff

Mutaka Bala

Defendant

Procedural Posture

Civil Commercial Contract / Final Judgment After Defendant's Default

Legal Issues

  1. 1 Whether the defendant deceitfully obtained GHS310,000.00 from the plaintiff under false pretence of executing a food supply contract
  2. 2 Whether the plaintiff is entitled to recovery of the sum, interest, damages for fraudulent misrepresentation, and costs

Ratio Decidendi

Plaintiff proved on the balance of probabilities and beyond reasonable doubt that defendant deceitfully obtained GHS310,000.00 under false pretence, failed to repay, and committed fraudulent misrepresentation. Defendant's failure to attend or respond allowed the court to proceed and grant reliefs sought.

Court Disposition

Judgment for the plaintiff

Orders

  • Recovery of GHS310,000.00 from defendant
  • Interest at prevailing bank rate from 15th December, 2023 until final payment