FRANCIS PREMPEH AGYEMANG
V.
NOBLE DREAM MICRO FINANCE

(2015) JELR 63778 (HC)    
High Court  ·  SUIT NO.BFS/57/15 ·  4 Nov 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
customer of the defendant bank
plaintiff’s claims
defendant company
accrued interest
evidence act
total amount
financial institution
court’s records
defendant non-bank
defendant
plaintiff
exhibits a
investment certificates
noble dream micro finance ltd
sufficient evidence
judgment interest
crux of his case
interest rate
various sums of money
financial dealings
defendant fails
rules of evidence
instant action
financial institutions
legal requirement
exhibit b
defendant’s usual representative
required standard
unsuccessful attempts
commissioner of taxation v english
respect of the defendant
case
amount of gh
deposit slip
civil procedure
customer relationship
exhibit c
high court
principal amount of gh
similar issues
lord dunedin
earlier decisions
civil suits
second case
salmon j
branch manager
australian bank ltd
legal duty
preponderance of the probabilities
defendant’s lawyer

JUDGEMENT

On 26/09/2014, the Plaintiff herein instituted the instant action against the Defendant herein, to recover various sums of money which he had invested in the Defendant Company together with the accrued interest, post judgment interest and cost. Excluding the interest, the total amount being claimed is GH¢23,878.00. The Defendant denied liability to the Plaintiff’s claims on the basis that it had never conducted any business with him.

After unsuccessful attempts at settlement, two issues were set down for trial, namely:

1. Whether or not the Defendant owes the amount claimed by the Plaintiff?

2. Whether or not the Plaintiff is a customer of the Defendant Bank?

It is to be noticed that per the court’s records, counsel for the Defendant was duly served with hearing notices to attend court for the trial to commence but he failed to show up. This is evidenced by three affidavits of service sworn on 08/07/2015; 14/08/2015; and 01/09/2015.

Prior to that, the Defendant’s usual representat…

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