BIO VRS MANU & ANOTHER (AR/OB/DMC/A2/56/2023) [2024] GHADC 57 (25 March 2024)

BIO VRS MANU & ANOTHER (AR/OB/DMC/A2/56/2023) [2024] GHADC 57 (25 March 2024)

The defendants are not liable for the destruction of the plaintiff's cocoa trees as the road construction was carried out by the District Assembly and its contractor; the proper parties for compensation claims are the District Assembly and the construction company.

Source-derived case information.

Citation
BIO VRS MANU & ANOTHER (AR/OB/DMC/A2/56/2023) [2024] GHADC 57 (25 March 2024)
Parties
Plaintiff: Akosua Bio; Defendant: Kofi Manu; Defendant: Anthony Aborah Kwakye
Court
ghadc
Jurisdiction
Ghana
Judgment Date
25 March 2024
Procedural Posture
Civil / Judgment
Outcome
Dismissed
Legal Topics
Compensation for Destruction of Property, Liability for Public Works, Damages
Source Language
en
Tort Property Law Compensation for Destruction of Property Liability for Public Works Damages

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Parties

Akosua Bio

Plaintiff

Kofi Manu

Defendant

Anthony Aborah Kwakye

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether defendants are liable for destruction of plaintiff's cocoa trees during road construction
  2. 2 Entitlement to compensation for destroyed property

Ratio Decidendi

The defendants are not liable for the destruction of the plaintiff's cocoa trees as the road construction was carried out by the District Assembly and its contractor; the proper parties for compensation claims are the District Assembly and the construction company.

Court Disposition

Dismissed

Orders

  • Plaintiff's case dismissed
  • No order as to cost