Asante Vrs Okyere [2022] GHADC 82 (5 August 2022)

1 IN THE DISTRICT COURT, HELD AT GOASO ON THE 5TH AUGUST, 2022 BEFORE HER WORSHIP MAGDALENE THOMPSON DISTRICT MAGISTRATE SUIT No. A2/56/22 KENNETH ASANTE PLAINTIFF VRS JOHN KOFI OKYERE DEFENDANT _________________________________________________________ PLAINTIFF PRESENT DEFENDANT ABSENT NO LEGAL REPRESENTATION __________________________________________________________ UNREASONED JUDGMENT Plaintiff claims the following relief(s): 1. Recovery of GHc12, 700.00 being balance of GHc14,700.00 due and owing by the Defendant 2. Interest to be assessed at current bank rate from 30th November,2020 till the time of full payment 3. Costs The Defendant was absent on the first date and proof of non-service was filed. The Court then ordered the plaintiff to go by substituted service which was effected but Defendant failed to be present in Court. The Plaintiff was asked to file Statement of Claim and Witness Statement of which were done. This directive is in respect of Order 1 Rule 2 (a) and (b) of C! 59 which provide as follows: (a) Achieve speedy and effective justice (b) Avoid delays and unnecessary expenses THE PLAINTIFF CASE The Plaintiff mounted the witness box to give evidence in which he relied on it as his true evidence with exhibit ‘A’ which is a promissory note between him and the Defendant. In the witness statement of the Plaintiff he stated that: the Defendant on the 18th December, 2020 approached him for a financial assistance of GHc14,700.00 to enable him purchase a cocoa and promised to pay the full amount on 30th November, 2021. According to the Plaintiff the Defendant made some part payment of GHc2,000.00 leaving a balance of GHc12,700.00. He further contended that he reported the Defendant to their Church President at Goaso and the Defendant made another promised to pay but failed to do so. Plaintiff stated that due to the debt the Defendant owed him he the Defendant is not in good talking terms with the Plaintiff and when he meet him at church premises he failed to greet the Plaintiff and if Plaintiff also greeted the Defendant he refused to respond. He also tendered exhibit ‘A’ a promissory note between him and the Defendant. I subjected the evidence of the Plaintiff and the Statement of Claim to the prescribed standard of proof in accordance with sections 10-14 of the Evidence Act 1975 (NRCD 323) I find after a valuation that the Plaintiff evidence was in order and was able to prove his case. In the circumstances I enter judgement in favour of the Plaintiff to recover the sum of GHc12,700.00 in default of the appearance of the Defendant. Interest is calculated at the prevailing Commercial Bank rate from November 2021 till date of final payment. A costs of GHc1,500.00 awarded against the Defendant. ……………………………….,…. (SGD) H/W MAGADLENE THOMPSON DISTRICT MAGISTRATE 5 7 9 11 13 15 17 19 21 23 …………………………………….. HW MAGDALENE THOMPSON DISTRICT MAGISTRATE 25