BOAKYE
V.
ASAMOAH AND ANOTHER

(1973) JELR 69636 (HC)

High Court · 7 Nov 1973 · Ghana
·

Other Citations

[1974] 1 GLR 38

CORAM

OSEI-HWERE J.

Ratio Decidendi

Core Terms ^Beta

trial of the suit

plaintiffs’ application

trial magistrate

first witness

evidence of the plaintiffs

submission of no case

leave of the court

plaintiffs

use of the defendant

plaintiffs’ second witness

plaintiffs’ first witness

cocoa farm

said affidavit

defendant

case

district court grade

important point

burden of proof

civil case

total contribution

appellate court

general rule of practice

defendant’s counsel

trial court

sets of circumstances

first plaintiffs’ witness

osei-hwere j.

ebbw vale steel

absence of any explanation

defendant’s behalf

court of first instance

face value

nature of the submission

raglan building co.

plaintiffs’ claim

above rule

proceeds of the said sale

unreliable nature of the evidence

new trial

physical cash

cocoa farms

sufficient evidence

issue of the burden of proof

mr. j. b. k. yemidi

counsel

grounds pose

party

judgment

high court

claim

OSEI-HWERE J.

The facts giving rise to this appeal afford interesting reading. The plaintiffs and the defendant jointly raised a loan of ¢3,000.00 for which each party mortgaged his cocoa farm to the creditor. It is alleged from the affidavit supporting the plaintiffs’ application to put the case on the undefended list that the parties shared the loan equally and that they were jointly liable for its repayment. The plaintiffs contend further in the said affidavit that both of them made a total contribution of ¢2,800.00 in repayment of the loan whilst the defendant paid only ¢120.00. They say, therefore, that they had paid “to the use of the defendant ¢800.00 upon total payment of the sum of ¢2,920.00 that was accepted by the mortgagee in full satisfaction of the loan and for redemption of the properties mortgaged to the creditor to secure repayment of the loan.” The plaintiffs, therefore, sued the defendant claiming that they be indemnified in the sum of ¢800.00. In his affidavit for …

BOAKYE V. ASAMOAH AND ANOTHER

BOAKYE
V.
ASAMOAH AND ANOTHER