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…

DIAB V. QUANSAH

DIAB
V.
QUANSAH