ASH-TOWN PRESBY CO-OPERATIVE CREDIT UNION OF KUMASI V. BERNARD AGYEMANG DUAH OF KUMASI AND KOFI BROBBEY OF KUMASI (BEING SUED AS EXECUTOR OF THE ESTATE OF KOFI KODUAH, DECEASED)

JUDGMENT

POKU-ACHEAMPONG, J.A.: This is an appeal against a judgment of a Kumasi Circuit Court dated 20th November 2019.

Background:

The Plaintiff a Credit Union formed by the Ash-Town Presbyterian Church, Kumasi and known as Ash-Town Presby Co-operative Credit Union was in the business of providing financial services to its registered members including collecting savings and granting loans.

On 19/10/2017 the Plaintiff issued a writ against the Defendants jointly and severally claiming the following reliefs:

1. Recovery of the sum of Seventy One Thousand, Five Hundred and Seventy Four Ghana Cedis, Eighty Nine Pesewas (GH¢71, 574.89)

2. Interest on the above sum from 26/06/17 till date of final payment.

Case of the Plaintiff

The Plaintiff’s case is that the 1st Defendant was the Manager in charge of its business operations in Kumasi. The 2nd Defendant was the executor of the estate of Kofi Koduah, deceased, who during his lifetime was the Treasurer of Plaintiff’s Credit Union.

According to the Plaint…