OFFEI OKRAKU
V.
MUSAH ABDULAI

(2019) JELR 69584 (HC)    
High Court  ·  SUIT NO: GJ/1006/2017 ·  17 Jul 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Core Terms Beta
defendant
plaintiff
evidence
court
amount of gh
respectful opinion
issues
statement of defence
plaintiff’s case
background facts
defendant’s account
documentary evidence
joint partnership
mr. okraku
part of his structure
said house
stanbic bank
support of the claim
verbal agreement
witness statement
above analysis
above holding of the court
authority of other members of his family
available documentary
case of the defendant
case of the plaintiff
court holds
cross examination
date of payment
defendant perspective
defendant’s counsel
defendant’s house
defendant’s stanbic bank account
evidence of previous testimony
family members
final installment payment
further evidence of the plaintiff
general position
important issue
last installment of the amount
law suit
long lease of his family house
next agreed date
numerous occasions
plaintiff claims
refund of an amount of gh
refund of the first payment of gh
said sum of gh
statement of claim
support of the claim mr. offei okraku

JUDGMENT

i. Introduction:

[1] By a writ of summons issued on July 6, 2017 the Plaintiff claims against the Defendant the following reliefs:

a) Refund of an amount of GH₵42, 500.00 paid into Defendant’s account with Stanbic Bank, Tudu.

b) Interest on the said sum of GH₵42, 500.00 from 22nd December 2016 to the date of payment.

c) Cost including lawyer’s fees.

[2] After the service of the writ and its accompanying statement of claim on the Defendant, Appearance was entered after which a statement of defence was filed by the Defendant on July 27, 2017. The Plaintiff filed a reply to rebut the depositions in the statement of defence on August 28, 2017.

ii. Background Facts:

[3] The background facts gathered from the pleadings are different from the Plaintiff and the Defendant perspective. According to the Plaintiff sometime in December 2016, the Defendant informed him that he had the authority of other members of his family to grant a long lease of his family house at Tudu, Accra and therefore of…

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