Sammy Vrs Gibrilla [2023] GHADC 111 (11 July 2023)

Sammy Vrs Gibrilla [2023] GHADC 111 (11 July 2023)

There was no binding contract between the parties; the transaction was gratuitous. The defendant refunded the purchase money to the plaintiff's agent. Specific performance does not lie, and the plaintiff failed to prove his case on the balance of probabilities.

Citation
[2023] GHADC 111
Parties
Plaintiff: Adu Sammy; Defendant: Baba Ibrahim Gibrilla
Court
District Court
Jurisdiction
Ghana
Judgment Date
11 July 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed. Costs awarded to defendant.
Legal Topics
Specific Performance, Agency, Refund of Purchase Money, Civil Procedure
Source Language
English
Contract Law Specific Performance Agency Refund of Purchase Money Civil Procedure

Case Brief

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Parties

Adu Sammy

Plaintiff

Baba Ibrahim Gibrilla

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a binding contract between the parties for the supply of a calf
  2. 2 Whether the defendant is liable to supply the calf or refund the purchase money
  3. 3 Whether the defendant paid the money to the plaintiff or his agent

Ratio Decidendi

There was no binding contract between the parties; the transaction was gratuitous. The defendant refunded the purchase money to the plaintiff's agent. Specific performance does not lie, and the plaintiff failed to prove his case on the balance of probabilities.

Court Disposition

Plaintiff's claim dismissed. Costs awarded to defendant.

Orders

  • Plaintiff's claim fails.
  • Plaintiff to pay costs of GH¢ 500.00 to defendant.