Acquaye v Adamah and Another (GJ/1866/2019) [2025] GHAHC 83 (20 March 2025)

Acquaye v Adamah and Another (GJ/1866/2019) [2025] GHAHC 83 (20 March 2025)

The plaintiff failed to prove on a balance of probabilities that the defendants sold him the excavator or made representations as dealers; the evidence showed the defendants only facilitated the purchase and shipment at the plaintiff's behest, and any defects were attributable to normal wear and tear of a used machine, not the defendants' actions.

Citation
[2025] GHAHC 83
Parties
Plaintiff: Adotei Acquaye; Defendant: Samantha Adamah; Defendant: Isaac Adu Gyamfi
Court
High Court
Jurisdiction
Ghana
Judgment Date
20 March 2025
Case Number
GJ/1866/2019
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's case dismissed
Legal Topics
Specific Performance, Breach of Contract, Sale of Goods, Burden of Proof, Damages
Source Language
English
Contract Law Specific Performance Breach of Contract Sale of Goods Burden of Proof Damages

Case Brief

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Parties

Adotei Acquaye

Plaintiff

Samantha Adamah

Defendant

Isaac Adu Gyamfi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants represented to the plaintiff that they bought and sold excavators from China
  2. 2 Whether the defendants sold the excavator Caterpillar 330BL to the plaintiff
  3. 3 Whether the plaintiff made payments to the defendants for the purchase of the excavator

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendants sold him the excavator or made representations as dealers; the evidence showed the defendants only facilitated the purchase and shipment at the plaintiff's behest, and any defects were attributable to normal wear and tear of a used machine, not the defendants' actions.

Court Disposition

Plaintiff's case dismissed

Orders

  • Plaintiff's suit is dismissed as unmeritorious
  • Plaintiff to pay costs of GHS 7,000.00 to the defendants