PHILIP AKEY
V.
CYRIL ANYOMI

(2017) JELR 107631 (HC)    
High Court  ·  SUIT NO. BC 433/2015 ·  2 Mar 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
defendant
plaintiff
us
court
evidence
parties
ca
day
plaintiff’s vehicle
sufficient evidence
civil cases
documentary evidence
interest
plaintiff’s case
re kumi
west coast dyeing industry limited
acknowledgment of the debt
bank of ghana dollar interest rate
burden of proof rests
c. exhibit a
defendant’s clients
exhibit b
exhibit c. pursuant
exhibits a
following issues
further evidence
further transaction
justice gifty dekyem
justice of the high court
labour division
onus of proof
owner of toyota land cruiser prado
plaintiff’s claim
principle of law
said acknowledgment
said document
settlement agreement
trite learning
written document
y. defendant

JUDGMENT 

Plaintiff is the owner of Toyota Land Cruiser Prado with registration number GT  6477 Y. Defendant is a businessman and C.E.O of Segina Car Rentals. Parties went  into an agreement to rent out Plaintiff’s vehicle to Defendant’s clients. It is  Plaintiff’s case that, his car was rented out at US$100 per a day and Defendant  was entitled to 10% of the proceeds of the rental as commission. Plaintiff averred  that, his vehicle was rented out for 322 days translating into an amount of US$32,200.00 less the 10% commission leaving amount due Plaintiff to be  US$28,980.00. 

Plaintiff averred that, in a further transaction in the year 2012, Defendant rented  out his vehicle for 60 days translating into US$6,000.00 less the 10% commission  leaving balance due Plaintiff to be US$5,400. Out of this amount, Defendant paid  only US$1,025.00. It is Plaintiff’s case that, following acknowledgment of the debt by Defendant, the parties reached a settlement agreement for the debt to be paid  b…

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