G. B. KANDEWEN V. FELICIA AKYAA

JUDGMENT

KUSI-APPIAH, ( J.A.):

The central issue in this appeal is whether a promise to pay debt already incurred by another is enforceable in the absence of express consideration. There is also the question whether the defendant having failed to pay the lesser sum is entitled to benefit from the plaintiff’s agreement to accept the lesser sum. I will refer to the parties in the manner they appeared at the court below.

The facts grounding this appeal as can be ascertained from the pleadings and evidence of the plaintiff are that in 1997 the plaintiff paid an amount of four thousand five hundred dollars ($4,500) to defendant’s son, Ahmed Baba for a passport, visa and ticket to enable her nephew travel outside the country. When the defendant’s son could not honour his promise of organizing the trip, plaintiff caused his arrest at the airport when he was about to leave the country.

Upon his arrest, Ahmed Baba pleaded to be taken to his father at Tema where the defendant gave an undertaking to…