FRANCIS MAINOO SARPONG
V.
MR. DANSO

(2016) JELR 63772 (HC)    
High Court  ·  SUIT NO.OCC/65/14 ·  3 May 2016 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
plaintiff
banner
assertion
evidence
pharmacy shop
prospective tenants
sum of gh
cross-examination
date of delivery of judgment
due diligence
judgment
possession of the premises
preponderance of the evidence
prevailing bank rate
store rooms
writ of summons
avoidance of doubt
award of cost
burden of proof of his counterclaim
credible evidence
economic sense
evidence shows
evidential burden rests
exact date
existence of other pharmacy shops
issue of the quantum of defendant
monthly rent of gh
nature of each averment
nature of that burden
nature of this burden
only issues
onus of proof of the first issues rests
ordinary course of business
persistent failure of the defendant
pharmacy council
plaintiff gh
rate of gh
refund of his money
said amount
statement of claim
time payment
totality of the evidence
total sum of gh
zambrama v segbedzie

JUDGMENT

By his endorsement on the writ of summons and statement of claim filed on 14/11/14, the plaintiff sought to recover the sum of GH¢ 13,000.00 and interest thereon from the Defendant.

The Plaintiff's case is that he paid a total sum of GH¢13,000.00 to the Defendant for a space to operate a pharmacy shop but immediately the Pharmacy Council refused to grant him the license to do so, he informed the Defendant who promised to refund the money. It is the persistent failure of the Defendant to refund the said amount to the Plaintiff that has brought about the instant suit.

Even though the Defendant did not deny receipt of the amount claimed, he pleaded that the Plaintiff took possession of the premises in January 2014 by mounting a banner " pharmacy to open soon". He alleged that the tenancy agreement was for ten years at a monthly rent of GH¢200.00 and it was when he demanded the outstanding amount in October, 2014 that the Plaintiff informed him of the Pharmacy Council's refusal to g…

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