Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DIAB
V.
QUANSAH

(1973) JELR 65564 (HC)    
High Court  ·  13 Dec 1973 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 101
CORAM
ABBAN J.

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
promissory note
value
evidence
old cedis
due course
bills of exchange act
good faith
prima facie
burden of proof
comet construction co.
holder of a bill
alleged fraud
due date
limited liability company
onus of proof
per cent interest
present writ
bill of exchange
claim of the plaintiff
construction of adjancote television station
cross-examination
date of judgment
defendant leave
defendant’s behalf
execution of other building contracts
final judgment
following statement
good reason
influence of the defendant
kind of duress
later stage
main issues
n. diab of diab building co.
plaintiff’s claim
plaintiff’s company
portion of the said amount
presence of witnesses
present case
produce evidence of circumstances
said amount
said application
said debt
said duress
said money
total amount of money
type of a bill of exchange
value of his furniture
vaughan williams

ABBAN J.

This action was commenced by a specially endorsed writ. The plaintiff’s claim is for the sum of ¢5,013.25 plus eight per cent interest, calculated from 15 June 1965 to the date of judgment. After the defendant had entered appearance, the plaintiff moved for final judgment under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). Having regard to the nature of defence which the defendant raised in his affidavit opposing the said application, the court granted the defendant leave to defend the action.

The claim of the plaintiff is founded on a document which both parties described as a promissory note. The note was dated 15 April 1965, and it contains the following statement:

“Received from N. Diab of Diab Building Co. the sum of two thousand five hundred and six pounds twelve shillings and six pence to be paid back within two months. (Signed) John S. B. Quansah.”

The parties agree that they came to know each other through one Joe Welsing some time…

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