SALOME OPOKU AGYEMANG
V.
FREDERICK KYEI

(2014) JELR 69783 (HC)    
High Court  ·  SUIT NO.OCC/47/12 ·  12 May 2014 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
interest
certificate of incorporation
company
evidence
exhibit
frederick kyei enterprise ltd
registrar of companies
award of interest
cross-examination
frederick kyei enterprises ltd
agreed interest
companies act
frederick kyei enterprise limited
issues
managing director
business transactions
evidence shows
evidential burden
financial assistance
fredrick kyei enterprise ltd
additional issue
adwubeng v domfeh
agreed terms
amount of gh
case of the defendant
cash sum of gh
company’s operations
expansion of his business
expansion of the defendant
financial facility
financial institutions
government agencies
higher interests
illiterates’ protection act
incorporated company
local rice business of frederick kyei enterprise ltd.
ors v s.k. boateng
photocopy of the certificate
plaintiff’s case
plaintiff’s writ
registered company
registry of this court
regulations of the company
remaining issues
second investment of gh
separate legal personality
sharp contrast
sumaila bielbiel v adamu dramani
summary of the plaintiff

JUDGMENT

The endorsement on the Plaintiff’s writ of summons issued from the registry of this court on 11/06/2012 reads as follows:

The Recovery of liquidated cash sum of GH¢ 50,400.00 inclusive of interest being financial facility which the Plaintiff advanced to the defendant towards the expansion of the defendant’s business somewhere in 2003 but which said amount the defendant has refused to tender and or repay same to Plaintiff despite several acknowledgments and rescheduling of repayments.

A summary of the Plaintiff’s case is that somewhere in the year 2003, the defendant approached her for some financial assistance towards the expansion of his business with a firm binding agreement that the defendant would give the Plaintiff 5% of that amount per month as interest. Irrespective of higher interests charged by financial institutions such as the UT Financial Services (10%), the Plaintiff gave an amount of GH¢ 10,000.00 to the Defendant on the agreed terms. It is the Plaintiff’s case tha…

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