• Over $20,000 borrowed money
BY MUNTALLA INUSAH | firstname.lastname@example.org
FORMER GHANA international midfielder, Derek Boateng, and his friend, also an ex-Black Star defender, John Pantsil, are at each other’s throat following a suit commenced against Pantsil for a refund of $20, 000 he allegedly borrowed during Ghana’s participation in the 2010 World Cup finals in South Africa.
After several efforts to retrieve his money had failed, the plaintiff (Boateng) has initiated a court action against his former teammate as the only means to recover his money.
The combative former Ghana midfielder, in his writ through his lawful attorney, is asking for the recovery of the $20,000 from the defendant plus interest on the said amount at commercial bank rate from the date the defendant collected the money till the date of final payment and payment of his legal fees and costs.
Order for substituted service
Since filing the writ in May 15, 2018, efforts by the plaintiff to have it served on the defendant has proved unsuccessful, according to him. He, thus, returned to court for a request of substituted service on August 16, which was granted.
Per the new order, the court, presided over by Justice Jennifer Akua Tagoe (Mrs), has directed the posting of a copy of the writ of summons at the last known place of abode of the defendant at H/No 13, Afro Street, Trassaco Estate, Accra.
The plaintiff, according to the court, should also leave a copy with any adult found on the premises of the defendant and additionally post a copy on the notice board of the honourable court.
The writ, which is posted on the notice board of the Law Courts Complex in Accra bears the seal of High Court of Justices signed by Mr Ekow Dzimm Mensah-Attah, the Registrar, and states that, “the notices shall remain posted for twenty-one days, suit adjourned to September 12, 2018.”
Statement of claim
According to the statement of claim, the plaintiff said he is a Ghanaian, a footballer and plying his career internationally and resides in London, while the the defendant, John Pantsil, is also a footballer and currently residing in Ghana after successful international career.
The plaintiff said, he (Boateng) and the defendant (Pantsil) were all national team players of Ghana Black Stars and were part of the Ghanaian contingent that played in the 2010 World Cup held in South Africa.
The plaintiff contended that while the team was in South Africa, the defendant borrowed $20,000 from him (Boateng) and he (Pantsil) promised to pay the money at the camp, but later promised to pay when he returned to his club.
According to the plaintiff, defendant assured him that when they left camp for their individual homes, he would refund he money. He later promised to pay the money anytime the plaintiff called, but since then, anytime plaintiff makes effort, “defendant will just say ‘oh, I will bring the money, my brother’.”
The plaintiff further stated that because they were playing for the national team, he did not pursue the defendant vigorously for his money thinking that since they were friends, the defendant would willingly pay the money.
“On several occasions he demanded the money from the defendant, but in all, he kept giving promises — I will pay, I will pay…there was a time he (Boateng) demanded the money and the former wife of the defendant stepped in to say that he should exercise patience, the husband will pay,” his statement of claim noted.
The plaintiff averred that recently, when he demanded his money, defendant made it clear that he did not owe the plaintiff, “but admits that that money he collected from the plaintiff was used for gambling at the camp and since he lost, he has no money to give to plaintiff.”
The plaintiff said he was not part of that game, but defendant borrowed the money and used it personally for his own interest and therefore must refund the money.
The plaintiff also said he had made several efforts to take his money from the defendant, but the defendant had made his mind never to pay the money and that he had made many calls for his money both in Ghana and anywhere he found himself with the defendant, including personally visiting the defendant in his house as well as sending him WhatsApp messages, but all to no avail.
The plaintiff said it came to a point that he the defendant stopped answering his calls and replying his messages, so the plaintiff instructed his lawyers to write a demand notice for same, but defendant replied through his lawyer that he did not owe the plaintiff.
He said unless compelled by the court, the defendant would not pay the money to the plaintiff.
Efforts to reach Pantsil for his response was unsuccessful as calls and messages to his mobile phone went unanswered.