Bempah v Negbegbe (A11/13/2024; A11/13/2024) [2025] GHADC 93 (13 January 2025)

IN THE DISTRICT COURT KASOA AKWELEY ON 13TH JANUARY, 2025 BEFORE HER WORSHIP ANNIE ADOBOR, MAGISTRATE BETWEEN ALEX BEMPAH VRS SUIT NO. A11/13/24 - PLAINTIFF WISDOM NEGBEGBE - DEFENDANT Plaintiff Defendant - - Present Absent =========================================================== JUDGMENT On the 5th of December, 2023, when the claims were read and explained to the Defendant; he pleaded liable on claim (a) but said he was not liable to the other claims. Parties, upon agreement to attempt settlement of the other reliefs at the court-connected ADR were referred there accordingly. It is on record that settlement at the ADR was unsuccessful, so they were referred back to the court for the determination of the matter. It is of interest to note that, ever since parties have been referred for the mediation, Defendant has never again been seen anywhere around the court. Series of Hearing Notices served on him did not move him so, since he said he was liable to claim (a), judgment is entered for the Plaintiff on the claim (a) that is, the Defendant is ordered, to return the 2 range martin’s audio speaker and horn that the Plaintiff gave him for him to repair. Page 1 of 2 ROA As the Defendant pleaded not liable to the other claims, they were to attempt settlement on those claims, however, they did not succeed and instead of them coming back to court, where the Defendant would be ordered to file defence to those claims, he has vehemently and fragrantly abandoned the matter. As regards, it is presumed that he does not have any defence to the claims he said he is not liable to, also, he has waived his right to be heard. In light of the above, judgment is entered for the Plaintiff on reliefs (b), (c) and (d) also. On reliefs (c) the interest to be calculated on the actual price of the machine should be at the Commercial Bank rate. Relief (b) is a substitute to (a) so, since the Defendant said that he has sold Plaintiff’s machine to another Pastor, he is ordered to pay money worth its current price to the Plaintiff. Costs of GH₡2,000.00 is awarded against the Defendant. (SGD) H/W. ANNIE ADOBOR (DISTRICT MAGISTRATE) Page 2 of 2 ROA