CHARLES OWUSU SEKYERE
V.
ANITA TWUM BARIMA

(2016) JELR 69802 (HC)    
High Court  ·  SUIT NO. BFS/88/2014 ·  17 Jun 2016 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU
Core Terms Beta
defendant
plaintiff
evidence
car
money
party
court
cross examination
law
opinion of the court
absolute certainty
burden of persuasion
evidence of a particular fact
first issue
love relationship
plane tickets
united states of america
absence of further proof
akwasi iii
allocation of burden of persuasion
a. no
basic principle of the law of evidence
closure of his case
court finds
cross examination counsel
defendant lives
determination of the court
documentary evidence
documentary proof
evidence act
ex-lover
facts of the case
following questions
further answer defendant
initial burden
main issues
numerous gifts
pergah transport ltd
plaintiff claims
plaintiff’s weak case
purchase of a car
real evidence
refund of the money
required evidence of the facts
said amount
said judgment
second issue
sufficient evidence

JUDGMENT

By a writ of civil summons the plaintiff claims against the defendant

Recovery of the sum of $46,000.

Interest from September 2011 to date of final payment.

The defendant entered appearance and later filed a statement of defence. After an unsuccessful pre-trial settlement proceeding, the matter was set down for trial. However, the defendant failed to turn up for the trial despite the service on her of hearing notice. After taking evidence from the plaintiff, the court entered judgment in his favour against the defendant. Upon application however, the said judgment was set aside and the defendant given leave to cross examine the plaintiff after which the defendant gave evidence and announced the closure of his case.

The facts of the case are that the plaintiff and the defendant were in a love relationship which started from the year 2009. From the evidence on record it appears he gave numerous gifts to the defendant who also gave gifts to the plaintiff. Indeed, the defendant lives …

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