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BASSIL V. KABBARA AND ANOTHER

(1966) JELR 68218 (SC)

Supreme Court  •  31 Jan 1966  •  Ghana

Coram
SARKODEE-ADOO C.J.,APALOO JSC,SIRIBOE J.S.C.

Judgement

APALOO J.S.C.: On 12 February 1963, the appellant (hereinafter called the plaintiff) brought an action against the respondents (hereinafter referred to as the defendants) in the High Court, Accra, claiming the sum of £G1,922 being principal and interest due from the defendants to the plaintiff in a moneylending transaction. The plaintiff was, at all the times material to this case, a licensed money-lender. The first defendant seems, on the evidence, to be the sole proprietor of an unincorporated company which goes by the name of Ghana Furniture and Manufacturing Co. The plaintiff advanced various sums of money to the defendants and the receipt of these sums was duly acknowledged. The first defendant issued post-dated cheques for the repayment of the loans but these cheques were dishonoured on presentation. As neither defendant was willing or able to pay these sums after receiving notice of dishonour, the plaintiff sought to recover the aggregate value of them by action.

The defendants …

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