SERWAA VRS FRANCIS (A11/02/2023) [2023] GHADC 999 (2 October 2023)

SERWAA VRS FRANCIS (A11/02/2023) [2023] GHADC 999 (2 October 2023)

The defendant admitted taking the plaintiff’s machine and failing to return it, and his excuse of inability to pay or replace due to personal debts is not a legal defence; thus, he is liable to replace the machine or pay its market value.

Citation
[2023] GHADC 999
Parties
Plaintiff: Abena Serwaa; Defendant: Elder Francis
Court
District Court
Jurisdiction
Ghana
Judgment Date
2 October 2023
Case Number
A11/02/2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Bailment, Conversion, Damages
Source Language
English
Tort Property Bailment Conversion Damages

Case Brief

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Parties

Abena Serwaa

Plaintiff

Elder Francis

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to replace or pay for the plaintiff’s cocoa spraying machine that was not returned after being borrowed and subsequently stolen.

Ratio Decidendi

The defendant admitted taking the plaintiff’s machine and failing to return it, and his excuse of inability to pay or replace due to personal debts is not a legal defence; thus, he is liable to replace the machine or pay its market value.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to replace the plaintiff’s cocoa spraying machine called Solo or pay its equivalent current market value within fourteen days.
  • Defendant to pay costs of GHC 500.00 to the plaintiff.