JOHN FREEMAN DONKOR & ANOTHER V. SMALL SCALE FINANCIAL AND ASSISTANCE COMPANY LTD.

JUDGEMENT

IRENE C DANQUAH, JA

This appeal emanates from the judgment of the High Court, Kumasi dated 23 November, 2009. In the said judgment, the High Court upheld the Plaintiff’s claim for recovery of the sum of GH¢37,325.00 financial assistance granted the 1^st Defendant and guaranteed by the 2^nd Defendant with interest at the current bank rate from October, 2002 till date of final judgment. The Trial Court further awarded cost of GH¢3000.00 in favour of the Plaintiff.

Dissatisfied with the said judgment, the Defendants mounted this appeal on five main grounds.

The brief facts of the case as pleaded by the Plaintiff are that the 1^st Defendant who is a businessman and proprietor of Freeman Hotel at Asokwa- Kumasi in or about August 2002 requested for financial assistance to enable him renovate his said hotel. The Plaintiff upon the request granted the 1^st Defendant a sum of GH ¢44,625.00 which was guaranteed by the 2^nd Defendant who is the manager of the 1^st Defendant’s hotel. The 1^st Def…