Assuah Vrs Gyabeng & Another [2022] GHADC 115 (7 December 2022)

IN THE DISTRICT COURT HELD AT SEFWI JUABOSO ON FRIDAY THE 7TH DAY OF DECEMBER, 2022 BEFORE HIS WORSHIP SAMUEL ENTEE JNR. < CC No. A2/14/23 NANA KWAKU ASSUAH VRS 1. NANA KWASI GYABENG 2. NANA YAA AFRA Plaintiff: Present 1st Defendant: Present 2nd Defendant: Present JUDGEMENT The Plaintiff is claiming an amount of GH₵20,000 with interest from Defendants. On 24th August, 2022 the Defendants pleaded liable to the GH₵20,000 but not the interest. So judgement was entered for the Plaintiff against the Defendants in respect of the GH₵20,000 with costs of GH₵700. The claim for the interest was then set down for trial. The Plaintiff’s case is that the 1st Defendant was the head of his family and the 2nd Defendant who was the queen mother of Sefwi Adiembra and a member of his family. That sometime ago, the Sefwi Adiembra stool became vacant and the 1st Defendant informed him that it was the turn of their family to occupy the stool of Adiembra so he should look for money to be used to prepare and install him as the new chief of Adiembra. That based on this and further assurance by the Defendants, he took a loan of GH₵20,000 and gave it to the Defendants but the Defendants failed to install him as the chief so he asked them to refund the GH₵20,000 with interest. The Plaintiff 1 | P a g e explained that the interest rate on the loan was 100% as the principal and interest were to be paid within 6 months. However, he could not pay back the loan and the lender took him to the Zonal Council at Sefwi Asawinso where they made an agreement to the effect that he should pay interest of GH₵16,000 instead of the initial interest of GH₵20,000 on the GH₵20,000 principal. The Plaintiff concludes that he gave a copy of the agreement to the 1st Defendant to pay the money. The Plaintiff tendered a copy of the said agreement in evidence as exhibit A. In their defence which was put up by the 1st Defendant, he says that he was the Abusuapanin of Sefwi Adiembra and the 2nd Defendant who was his sister was the queen mother of the town. That when the Adiembra stool became vacant the Plaintiff and his father and his uncle came to see him about making the Plaintiff the new chief of Adiembra but he told them that it was the chief and queen mother of Sefwi Boinzan who had the authority to install a chief but it involved money. That subsequently, he and the Gyasehene (Pw1) and another elder went to the chief of Boinzan and were directed to the chief of Sefwi Bodi and all the necessary preparations towards the installation of Plaintiff were done. The 1st Defendant further says they went for permit from the police at Juaboso toward the installation of the Plaintiff as the new chief of Sefwi Adiembra. But three days to the installation, the police withdrew the permit on the basis that some men from Adiembra were against the installation. That due to that the installation was cancelled and Plaintiff reported them to Sefwi Wiawso Divisional Police Commander that since they failed to install him they should refund his money with interest. But he agreed to pay only the principal and not the interest. The issues for determination are: 2 | P a g e 1. Whether or not the Defendants asked Plaintiff to seek a loan to be used to prepare him his installation as the new chief of Sefwi of Adiembra. 2. Whether or not by failing to install the Plaintiff as the chief of Sefwi Adiembra, the Defendants are liable to refund the loan the Plaintiff obtained for that purpose with interest. On the first issue, Nana Kwabena Nkuah (Pw1) said when the Adiembra stool became vacant, he was then the Gyasehene of Adiembra, and together with the 1st Defendant and other elders decided to install the Plaintiff as the new chief. So they asked Plaintiff to look for money to hire some elders to prepare him for his installation and Plaintiff subsequently secured GH₵15,000 for them. The Defendants did not dispute that they asked the Plaintiff to look for money for his installation. To a question by the 1st Defendant during cross-examination of Pw1, that when Plaintiff brought the money to them, whether he told them that he went for a loan, Pw1 replied in the negative and explained that they had earlier told Plaintiff that the stool was vacant so he should go for a loan for them to prepare him for the stool, but it was when they got to the palace of the chief of Bodi that Plaintiff said the money was a loan. The evidence of Pw1 corroborated that of the Plaintiff that the Defendants asked him to seek a loan to prepare him for his installation. According to the 1st Defendant, the Plaintiff did not tell them at that time he gave the money to them that it was a loan, so he did not know anything about the loan. It is the view of the court that since the Defendants asked Plaintiff to look for money towards the preparation for his installation as the new chief, it is reasonable to infer that the Defendants expected him to seek for a loan. At any rate even if he failed to inform 3 | P a g e them initially that he took a loan, he later informed them, the Defendants, at the palace of the chief of Bodi that the money he gave them was loan. On the evidence therefore, I find that the Defendants asked Plaintiff to seek a loan for his preparation and installation as the new chief of Adiembra. On the second issue, the 1st Defendant said all the preparations for the installation of Defendant were done as they even informed the police about the date Plaintiff would be installed for police protection. However, some men from Adiembra rose up against the installation of Plaintiff. This piece of evidence was confirmed by Pw1. It is the view of the court that, the Defendants could not be faulted if some towns folk rose against the installation of Plaintiff, and due to that the police withdrew the necessary protection they would have provided during the installation day. Because it was highly probable that if the installation had been done, it could have resulted in a breach of the peace at Adiembra. But the following ensued during the cross-examination of the Plaintiff by the 1st Defendant: Question: You brought me to court on the basis that you said I did not abide by the arrangement we made before the Divisional Police Commander. Answer: Before the commander, you said you would not refund the money but would install me as Chief. So I put it on paper and gave you a copy. The Plaintiff tendered the said agreement in evidence as Exhibit A which was headed “Settlement of Adiyimra chieftancy” Exhibit A stated to the effect that Nana Kwaku Assoah of Sefwi Adiyimra on 19th April,2022 withdrew the case between him and Abusuapanin Kwasi Gyabeng, Obaahema Yaa Afra and Gyasehene Kwabena Nkuah from the police station because they had fully promised to make him the chief of Adiyimra. Exhibit A was signed by 4 | P a g e the Plaintiff, 1st Defendant, 2nd Defendant and the Pw1 herein and witnessed by one Nana Twumasi. 1st Defendant admitted exhibit A. According to the Pw1, they settled with Plaintiff and told him that they could not refund the money but were prepared to install him as the chief if he still wanted it and the Plaintiff agreed to be installed. However, the 1st Defendant later said the Plaintiff had disrespected some two or three elders at Adiembra so they should go with Plaintiff to render apology to those elders but he (Pw1) refused to go. Again, during the cross-examination of Plaintiff by the 1st Defendant these came out: Question: After Exhibit A what happened at Adiembra. Answer: You said I had wronged some three elders so I should accompany you to Adiembra to apologize otherwise I could not be installed but I never wronged those elders so I refused to apologise. Question: You said I had wronged about three elders at Adiembra. I later accompanied you there and at a meeting one Jojo even pulled the chair I was sitting on and I fell down and they beat me. I reported you and Jojo to the police at Juaboso and you were arrested. The evidence showed that subsequent to the first preparation to install the Plaintiff which was opposed by some Adiembra townsfolk, the Defendants agreed to install Plaintiff as the chief as evidenced by Exhibit A which came about after both the chief of Bodi who took part in preparing the Plaintiff to be installed, and the Divisional Police Commander of Sefwi Wiawso who then asked the Defendants to refund the Plaintiff’s money for failing to install him as the chief. However, the evidence further showed that the Defendants failed to install the Plaintiff despite Exhibit A after the 1st Defendant claimed the Plaintiff had to render apology to some elders the Plaintiff had wronged or disrespected but which Plaintiff denied as he did not render the apology and based on that, Plaintiff was even assaulted and the Defendants failed to install him as the chief of Adiembra as agreed. 5 | P a g e It is therefore the considered view of the court that, the Defendants could have installed the Plaintiff as the chief if they wanted to, but they refused. Again the chief of Bodi, who took part in the preparation of the Plaintiff to be installed asked the Defendants to refund the money which was a loan Plaintiff contracted and the principal would have earned profit if it had been put into some business or yielded interest in some other investment. On the evidence therefore I find that by failure to install the Plaintiff as the chief of Sefwi Adiembra, the defendants are liable to refund the loan with interest of GH₵16,000.00. Accordingly, judgement is entered for the Plaintiff on the interest of Gh₵16,000.00 against the defendants and costs of GH₵500. SGD::: SAMUEL ENTEE JNR ESQ THE MAGISTRATE 6 | P a g e