EMMANUEL PAPA PIREKU
V.
ALHAJI ADAM IBN ALHASSAN

(2010) JELR 68821 (CA)

Court of Appeal 30 Apr 2010 Ghana
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- The High Court in Tamale ruled in favor of the applicant, who had given GH¢20,500.00 to the respondent for a vehicle that was never delivered or refunded. The court ordered the return of the sum with interest. - The defendant appealed, cl

Case Details

Suit Number:CIVIL APPEAL H1/134/08
Judges:MARIAMA OWUSU J.A. [PRESIDING], F.G. KORBIEH J.A., R.C. DANQUAH J.A.
Counsel:E.K. MUSAH ESQ. FOR THE PLAINTIFF/RESPONDENT; A.A. LUGUTERAH ESQ. FOR THE DEFENDANTS/APPELLANT.

MARIAMA OWUSU, J.A.

On the 10-3-2008, the High court, Tamale, ruled among other things that;

“I have referred to the claim and the statement of claim that, the applicant paid the sum of GH¢20,500.00 to the respondent in respect of the purchase of a vehicle. By the averment in paragraph 5 (e) of the statement of Defence, the respondent admits that he did receive such an amount from the applicant but added that it included about GH¢3,000.00 for repairs. I have also shown by the pleadings that, the respondent, upon receipt of the said sum of GH¢20,500.00 neither supplied the applicant with the vehicle nor has he since refunded the money to him. The said averment as contained in paragraph 5 (e) of the statement of Defence, in my view therefore not only constitutes an admission by the respondent that he received the sum being claimed by the Applicant, but also that the admission is made in clear, unambiguous and unequivocal language and therefore qualifies as an admission under Order 23 Rul…

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