JUDGMENT
ARCHER JA:
This is an appeal from the decision of the High Court, General Division, dated 31st July, 2023 and relates to three withdrawals from the savings account of
Rosemary Ohene-Yeboah with the Defendant/Appellant. The Plaintiff/Respondent shall hereafter be referred to as the Plaintiff and Defendant/Appellant referred to as the Defendant.
The facts of this matter are not extrusive or complex, but rather concise and straightforward, and to put this appeal into the proper perspective it is important to narrate the facts.
On 26th May 2021, the Plaintiff suing in the capacity as the sole executor of the estate of Rosemary Ohene-Yeboah commenced an action by Writ of Summons against the Defendant for the following reliefs:
“a. An order for the recovery of the sum of GH¢ 128,200.00 (One Hundred and Twenty-Eight Thousand Two Hundred Ghana Cedis) belonging to Mrs. Rosemary Ohene-Yeboah (deceased) and payable by the Defendant to the Plaintiff in his capacity as the sole executor of the …