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VICTOR KUSI BOATENG
V.
COLLINS ADDAE AND ANOTHER

(2018) JELR 65396 (HC)

High Court 16 Oct 2018 Ghana
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- The Court held that the US$100,000 advanced by the Plaintiff was a loan and not an investment or partnership interest, based on credible documentary and oral evidence. - Judgment was entered for the Plaintiff, awarding recovery of the pri

Case Details

Suit Number:SUIT NO. P/RPC 81/2015
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:KOFI EDUSEI FOR THE PLAINTIFF,DR. EMMANUEL HARRY TAWIAH FOR MARY NSIAH ASARE FOR THE DEFENDANTS

JUDGMENT

By an amended writ of summons dated 19th May 2016, the Plaintiff claims the following reliefs:

(a) Recovery of cash the sum of One Hundred Thousand Dollars (USD $100,000) being loan defendants took from the Plaintiff to enhance their gold business on the 15th day of April, 2013, which the Defendants have failed to repay to the Plaintiff despite several and repeated demands.

(b) Interest on the said amount at the current bank rate from the 15th day of April, 2014 till date of final payment.

The Plaintiff’s Case

It is the case of the Plaintiff that the Defendants were introduced to him by one Richmond Osei Tutu when the Plaintiff expressed interest in the gold trade. He stated that in the course of discussions with the Defendants, they asked for a loan of One Hundred Thousand Dollars (USD $100,000) to invest in their business which had gone down and that the money was advanced to the defendants in return for 2kg of gold per month in repayment of the loan till the loan is paid off. T…

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