SAMPSON AMOAKO
V.
ANDY APPIAH

(2018) JELR 69768 (HC)    
High Court  ·  SUIT NO. P/RPC/01/17 ·  23 May 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
plaintiff
court
interest
parties
credit card
cross-examination
andy appiah
loan agreement
financial assistance
supreme court
evidence act
interest rate
burden of persuasion
civil suits
return airline ticket
us dollars
cedi equivalent of usd
credible evidence
defendant’s assertions
documentary evidence
oral evidence
preponderance of the evidence
principle of proof
united states dollars
basis of the money
credit card debt of usd
dua v. afriyie
existence of a fact
existence of the fact
face of the document
following statement
joint timber business
lawful attorney
loan amount
mind of the tribunal of fact
nature of such proof
obligation of a party
party’s case
plaintiff’s company
recovery of the outstanding balance of usd
return ticket
sale of the said products
sufficient evidence
support of the purchase of an airline ticket
terms of exhibit
ticket price
totality of the evidence
use of the word
worth of agro chemicals

JUDGMENT

The parties to this suit are blood relatives and it is alleged that sometime in June, 2006, the defendant was given a financial assistance of Eight Thousand US Dollars (USD 8,000.00) by the Plaintiff at his request, to be repaid by 31/05/2007. The Defendant is alleged to have paid USD 2000 out of the sum of USD 8,000.00, but has refused to pay the balance after several demands had been made on him over the years. Thus, the Plaintiff has sued for recovery of the outstanding balance of USD 6,000.00 and interest thereon till date of final payment.

The Defendant denied taking any financial assistance from the Plaintiff, he alleged that in the past, he purchased a return ticket for the Plaintiff to travel to London with his credit card at an interest of 9% per month. It was mutually agreed that the Plaintiff would refund the ticket price and all interest that will accrue but he failed to do so. The Defendant asserted that he was compelled to pay the credit card debt of USD 8,976.00.…

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