G. B. KANDEWEN
V.
FELICIA AKYAA

(2016) JELR 65376 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/174/2014 ·  21 Jan 2016 ·  Ghana
CORAM
KUSI-APPIAH J.A. – PRESIDING, ADUAMA OSEI J.A., KWEKU GYAN J.A.
Core Terms Beta
defendant
lesser sum
case
court
appeal
supreme court
defendant’s son
ahmed baba
fresh grounds of appeal
plaintiff’s agreement
trial judge
absence of express consideration
case of tsede
clemence nubuasa
inter alia
present case
circumstances of a particular case
date of judgment
financial difficulties
ground of appeal
learned judge
review application
time limit
additional grounds
agreed amount of us
cedis equivalent
central issue
current bank rate
defendant’s son ahmed baba
defendant’s undertaking
evidence of the plaintiff
forex rate of exchange
full settlement of the debt
ground a
guarantee note
high court
high court judge
installment payments
instant appeal
learned high court judge
legal effect
next take grounds
original sum of us
plaintiff’s undertaking
relevant authorities
relevant dictum of alderson b
said amount
support of ground a

JUDGMENT

KUSI-APPIAH, ( J.A.):

The central issue in this appeal is whether a promise to pay debt already incurred by another is enforceable in the absence of express consideration. There is also the question whether the defendant having failed to pay the lesser sum is entitled to benefit from the plaintiff’s agreement to accept the lesser sum. I will refer to the parties in the manner they appeared at the court below.

The facts grounding this appeal as can be ascertained from the pleadings and evidence of the plaintiff are that in 1997 the plaintiff paid an amount of four thousand five hundred dollars ($4,500) to defendant’s son, Ahmed Baba for a passport, visa and ticket to enable her nephew travel outside the country. When the defendant’s son could not honour his promise of organizing the trip, plaintiff caused his arrest at the airport when he was about to leave the country.

Upon his arrest, Ahmed Baba pleaded to be taken to his father at Tema where the defendant gave an undertaking to…

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