FIRST ALLIED SAVING & LOANS LIMITED
V.
MICHAEL ADDAI & 2 ORS.

(2015) JELR 63668 (HC)    
High Court  ·  SUIT NO.BFS/42/13 ·  2 Jul 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff
document
counsel
1st defendant
customers
exhibit d
plaintiff's representative
sum of gh
circuit court
cross-examination
exhibits b
church member
credible evidence
customer intermediary
exhibit e
plaintiff's customers
alleged guarantee
customers pass books
evidential burden
exhibit f
total amount
totality of the evidence
absence of a signature
acceptance of the contents of exhibit d
accused person
burden of proof of all assertions
case of zambrama v segbedzi
clear object of the illiterates protection act
execution of exhibit c
exhibit e.
female senior officer
guarantor's pledge
n.r.c.d
open accounts
plaintiff's case
plaintiff's employment
said issues
simple case
sufficient evidence
sunday school teacher
will of bremansu

JUDGEMENT

This seemingly simple case has travelled over two legal years and at last, the wheels of justice have come to a stop! There will certainly be a closure as the parties get to know their fate!

What has brought about this suit? From the endorsement on the

writ of summons and statement of claim filed on 14/12/2012, the Plaintiff sought to recover the sum of GH¢ 10, 399.00 being the total amount collected from customers by the 1st Defendant but which he has failed to account for. The Plaintiff is also claiming interest on this amount as well as damages for fraud.

The Plaintiff's case is that the Company employed the 1st Defendant on 1st June, 2009 as a Customer Intermediary. His duties entailed collecting monies from customers specifically assigned to him, and after going through the laid down procedure, hand over the money to the Plaintiff. During an audit, the Plaintiff detected that the 1st Defendant could not account for figures totaling GH¢5229 standing to the credit of customer…

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