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FRANCIS MAINOO SARPONG V. MR. DANSO

(2016) JELR 63772 (HC)

High Court  •  SUIT NO.OCC/65/14  •  3 May 2016  •  Ghana

Coram
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Judgement

JUDGMENT

By his endorsement on the writ of summons and statement of claim filed on 14/11/14, the plaintiff sought to recover the sum of GH¢ 13,000.00 and interest thereon from the Defendant.

The Plaintiff's case is that he paid a total sum of GH¢13,000.00 to the Defendant for a space to operate a pharmacy shop but immediately the Pharmacy Council refused to grant him the license to do so, he informed the Defendant who promised to refund the money. It is the persistent failure of the Defendant to refund the said amount to the Plaintiff that has brought about the instant suit.

Even though the Defendant did not deny receipt of the amount claimed, he pleaded that the Plaintiff took possession of the premises in January 2014 by mounting a banner " pharmacy to open soon". He alleged that the tenancy agreement was for ten years at a monthly rent of GH¢200.00 and it was when he demanded the outstanding amount in October, 2014 that the Plaintiff informed him of the Pharmacy Council's refusal to g…

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