NII BONAPARTE
V.
MILLICENT AHWOI AND ANOTHER

(2011) JELR 63737 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/48/2011 ·  25 Nov 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
appellant
respondents
trial judge
evidence
house
loan transaction
trial court
appeal
appellate court
circuit court
weight of the evidence
a. yes
face value
final judgment
ground floor
grounds
high court
interest of gh
loan agreement
preponderant documentary evidence
quality of evidence
such evidence
supreme court
additional grounds
agreed interest
appellant argued grounds
case of the appellant
case of the respondents
evidence of a loan transaction
exhibit 3.not
exhibit id
favour of the respondents
following grounds of appeal
form of a cheque
interest charges
justice of the case demands
learned trial judge
loan transactions
nearest thing
only discoverable reason
order of the honourable court
receipt of the record of appeal
said cheque
said gh
twelve-month period
virtue of the provisions of the loans recovery act
weightier reasons

F.G. KORBIEH, J.A.

This appeal emanates from the High Court, Kumasi (presided over by G.H.K. Debrah, J) which gave judgment in a suit brought by the plaintiffs/respondents (hereinafter simply referred to as the respondents) against the defendant/appellant (who shall hereinafter be simply referred to as the appellant) for the following three reliefs:

“(a) An order of the Honourable Court to re-open the loan transactions between the plaintiffs and the defendant which took place on 11th day of October, 2007 on the grounds that the interest charges on the sum lent was excessive.

(b) Any other further reliefs as the justice of the case demands in accordance with the power confided on the Court by virtue of the provisions of the Loans Recovery Act, 1918 Cap 175.

(c) Costs.” (sic)

The case of the respondents before the trial court may be summarized as follows: the 2nd respondent needed some financial assistance as a result of which he and the 1st respondent approached the appellant for a loan of …

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