LAMPTEY J.A.: Early in December 1985 in the city of Cape Coast the first defendant, C. K. Budgyei, approached the plaintiff-appellant, Gustav Ackumey (hereinafter called the plaintiff), and asked for financial assistance to the tune of ¢75,000. The interest charged was ¢15,000. The plaintiff agreed to give the first defendant the whole amount. The terms and conditions were embodied in a document which the first defendant executed in favour of and for the benefit and purposes of the plaintiff. On receipt of the document the plaintiff gave the first defendant the financial assistance of ¢75,000. The first defendant repaid ¢30,000 and thereafter failed and/or was unable to make further repayments. The plaintiff took out a writ of summons against the first defendant and against one F. K. Kumah as the second defendant. The second defendant was sued because on the face of the document evidencing the loan transaction he stood as guarantor for the first defendant. In his defence the second de…
ACKUMEY
V.
KUMAH
(1989) JELR 65444 (CA)
Court of Appeal 26 Oct 1989 Ghana
BriefBot Summary
- The plaintiff loaned ¢75,000 to the first defendant, who agreed to repay with interest. - The second defendant was sued because he stood as a guarantor for the loan. - The circuit court judge dismissed the plaintiff's action and entered j
Case Details
Judges:OSEI-HWERE J.A., LAMPTEY J.A,ESSIEM J.A.
Counsel:MRS EVANS-QUAYSON FOR THE APPELLANT; DE GRAFT AIDOO FOR THE RESPONDENT.
Other Citations:[1989-90] 2 GLR 283
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