judy.legal
Login Register
📄 PDF

EMMANUEL PAPA PIREKU V. ALHAJI ADAM IBN ALHASSAN

(2010) JELR 68821 (CA)

Court of Appeal  •  CIVIL APPEAL H1/134/08  •  30 Apr 2010  •  Ghana

Coram
MARIAMA OWUSU J.A. [PRESIDING], F.G. KORBIEH J.A., R.C. DANQUAH J.A.

Appearances
E.K. MUSAH ESQ. FOR THE PLAINTIFF/RESPONDENT; A.A. LUGUTERAH ESQ. FOR THE DEFENDANTS/APPELLANT.

Judgement

MARIAMA OWUSU, J.A.

On the 10-3-2008, the High court, Tamale, ruled among other things that;

“I have referred to the claim and the statement of claim that, the applicant paid the sum of GH¢20,500.00 to the respondent in respect of the purchase of a vehicle. By the averment in paragraph 5 (e) of the statement of Defence, the respondent admits that he did receive such an amount from the applicant but added that it included about GH¢3,000.00 for repairs. I have also shown by the pleadings that, the respondent, upon receipt of the said sum of GH¢20,500.00 neither supplied the applicant with the vehicle nor has he since refunded the money to him. The said averment as contained in paragraph 5 (e) of the statement of Defence, in my view therefore not only constitutes an admission by the respondent that he received the sum being claimed by the Applicant, but also that the admission is made in clear, unambiguous and unequivocal language and therefore qualifies as an admission under Order 23 Rul…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login