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ATTA FRANCIS V. THOMAS ADDO

(2013) JELR 67160 (CA)

Court of Appeal  •  APPEAL NO. H1/42/2012  •  28 Feb 2013  •  Ghana

Coram
E. K. AYEBI JA [PRESIDING], IRENE C. DANQUAH JA, I. O. TANKO AMADU JA

Appearances
MERCY LARBI (MS) FOR DEFENDANT/APPELLANT,ASUMAH CHEREMEH ESQ. FOR PLAINTIFF/RESPONDENT

Judgement

TANKO AMADU JA

1. This is an appeal from the judgment of the High Court Sunyani dated 2nd March 2011. The Plaintiff/Respondent (hereinafter referred to as Respondent) commenced action against the Defendant/Appellant (hereinafter referred to as Appellant) seeking the following reliefs:

“(a). Recovery of cash the sum of ¢107,500.00 or GH¢10,750.00 being the Plaintiff’s share of interest free financial assistance granted them.

(b). Interest on the amount stated in relief (a) supra from July 2007 till date of final judgment”.

2. The facts giving rise to this suit are that; both Appellant and Respondent herein were employees of a company called Bet Exports Company Ltd. According to the Respondent’s pleadings, in or about October 2005, the Managing Director of Bet Exports Co. Ltd. agreed with the parties to grant them an interest free financial assistance of ¢215,000.000.00 for their private businesses whereupon they agreed and jointly bought sugar for sale, the proceeds of which was used to pu…

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