KUNAI VRS DONNIR (A2/163/24) [2024] GHADC 409 (24 May 2024)

Plaintiff proved on a balance of probabilities that he gave GHS50,000.00 to defendant, who failed to return the money or pay agreed returns; defendant's absence and failure to respond entitles plaintiff to recovery of the amount and interest, but not to damages for breach of contract due to the nature of the guaranteed returns arrangement.

Citation: KUNAI VRS DONNIR (A2/163/24) [2024] GHADC 409 (24 May 2024)
Parties: Plaintiff: Al-Hassan Kunai; Defendant: Modestus Donnir
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 24 May 2024
Procedural Posture: Civil / Judgment
Outcome: Judgment for plaintiff in part
Legal Topics: Recovery of Money, Breach of Contract, Interest on Debt, Default Judgment
Source Language: eng

Contract Law Recovery of Money Breach of Contract Interest on Debt Default Judgment

Case Brief

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Parties

Al-Hassan Kunai

Plaintiff

Modestus Donnir

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to recovery of GHS50,000.00 from the defendant
2 Whether the plaintiff is entitled to interest on the amount claimed
3 Whether the plaintiff is entitled to general damages for breach of agreement

Ratio Decidendi

Court Disposition

Judgment for plaintiff in part

Orders

Defendant to pay plaintiff GHS50,000.00
Interest on GHS50,000.00 at prevailing bank rate from 2nd April, 2024 until final payment