ASARE ORIGINAL PAY ALL V. BAFFOUR

JUDGEMENT

Gbadegbe JA.

By his action herein commenced before the Circuit Court, Accra the plaintiff-respondent (herein after referred to as the plaintiff) claimed against the defendant-appellant (herein- after referred to as the defendant) the payment of the sum of ¢74 million, being the value of wins drawn on lotto numbers on 21 October 1995. The evidence on the record is that the defendant is engaged in the conduct of private lotto under the provision of the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223) and as such is licensed to operate a lotto other than that undertaken by the Department of National Lotteries.

It appears from the transcript that the controversy herein arose when the defendant claiming that the plaintiff had not paid for the stakes before the numbers were drawn refused to pay the proceeds of the wins. In his evidence, the plaintiff contended that he staked the numbers which were drawn out of several to the tune of ¢482,000. That he did not pay immediately, h…