Customer Support

ADEHYEMAN INDUSTRIAL COMPLEX LTD
V.
OFOSU MENSAH

JELR 86472 (CA)

Court of Appeal Ghana
BriefBot icon

BriefBot Summary

Free

- The Court of Appeal held that the respondent was not a "moneylender" under section 29 of the Moneylenders Act, Cap 176, as the advances were occasional benevolent gestures and not part of a systematic business. - Even if the respondent we

Case Details

Judges:KANYOKE, KUSI-APPIAH AND OFOE JJA
Counsel:Philip Tsumor for the plaintiff-respondent. Kwesi Afrifa for the defendant-appellant-company.
Other Citations:[2010-12] 2 GLR 37-57

KANYOKE JA.

The facts of this case culminating in the appeal herein are as follows: The plaintiff-respondent is a Ghanaian ordinarily resident in Canada whilst the defendant-appellant is a limited liability construction company registered under the laws of Ghana and has its principal place of business at Koforidua in the Eastern Region of Ghana. The defendant-appellant (hereinafter referred to as the appellant) used to borrow money from a certain lady in Accra for its projects. The appellant which realised that the lady was charging higher or exorbitant interest rates on the loans advanced to it started to look elsewhere for funds to enable it carry out its projects. The managing director of the appellant, one Nana Boadi Sarpong discussed the matter with his lady "intimate friend" one Margaret Wilson who was also a friend to the plaintiff-respondent (hereinafter the respondent).

In turn, Margaret Wilson also discussed with the respondent the possibility of the respondent coming to the…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.