AGYEMANG VRS ADOMAKO (BR/KK/DC/A1/09/2024) [2024] GHADC 268 (31 May 2024)

AGYEMANG VRS ADOMAKO (BR/KK/DC/A1/09/2024) [2024] GHADC 268 (31 May 2024)

Plaintiff proved entitlement to recovery of 2 bags of cocoa based on mathematical calculation and defendant's admission; claim for 30kg shortage not proved due to lack of credible evidence; defendant's counterclaim dismissed for lack of proof.

Citation
AGYEMANG VRS ADOMAKO (BR/KK/DC/A1/09/2024) [2024] GHADC 268 (31 May 2024)
Parties
Plaintiff: Agyemang Emmanuel; Defendant: Adomako Gabriel
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 May 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim for 2 bags of cocoa allowed; claim for 30kg shortage dismissed; defendant's counterclaim dismissed; costs awarded to plaintiff.
Legal Topics
Sale of Goods, Cocoa Supply, Burden of Proof, Counterclaim
Source Language
eng
Contract Commercial Sale of Goods Cocoa Supply Burden of Proof Counterclaim

Case Brief

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Parties

Agyemang Emmanuel

Plaintiff

Adomako Gabriel

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether GH₵21,280.00 was meant for 28 or 26 bags of cocoa
  2. 2 Whether plaintiff is entitled to recovery of 2.5 bags of cocoa
  3. 3 Whether defendant is entitled to counterclaim of GH₵1,520.00

Ratio Decidendi

Plaintiff proved entitlement to recovery of 2 bags of cocoa based on mathematical calculation and defendant's admission; claim for 30kg shortage not proved due to lack of credible evidence; defendant's counterclaim dismissed for lack of proof.

Court Disposition

Plaintiff's claim for 2 bags of cocoa allowed; claim for 30kg shortage dismissed; defendant's counterclaim dismissed; costs awarded to plaintiff.

Orders

  • Defendant to supply 2 bags of dry cocoa beans to plaintiff or pay current market value.
  • Plaintiff's claim for 30kg shortage dismissed.