Ibrahim & 2 Others Vrs Amadu & 2 Others [2022] GHADC 234 (30 November 2022)

Ibrahim & 2 Others Vrs Amadu & 2 Others [2022] GHADC 234 (30 November 2022)

The 2nd and 3rd defendants are jointly and severally liable for the conversion of 12 cows belonging to the plaintiffs, as the 3rd defendant admitted the number in pleadings and is vicariously liable for the acts of his employee (2nd defendant), who failed to account for the cows. The 1st defendant is not liable due to lack of evidence implicating him.

Citation
[2022] GHADC 234
Parties
Plaintiff: Alhassan Ibrahim; Plaintiff: 2nd Plaintiff; Plaintiff: 3rd Plaintiff; Defendant: Amadu; Defendant: 2nd Defendant; Defendant: 3rd Defendant
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiffs
Legal Topics
Conversion, Vicarious Liability, Burden of Proof
Source Language
English
Tort Civil Procedure Conversion Vicarious Liability Burden of Proof

Case Brief

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Parties

Alhassan Ibrahim

Plaintiff

2nd Plaintiff

Plaintiff

3rd Plaintiff

Plaintiff

Amadu

Defendant

2nd Defendant

Defendant

3rd Defendant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the strayed cows were 12 in number
  2. 2 Whether the defendants are jointly and severally liable for the 12 cows

Ratio Decidendi

The 2nd and 3rd defendants are jointly and severally liable for the conversion of 12 cows belonging to the plaintiffs, as the 3rd defendant admitted the number in pleadings and is vicariously liable for the acts of his employee (2nd defendant), who failed to account for the cows. The 1st defendant is not liable due to lack of evidence implicating him.

Court Disposition

judgment for plaintiffs

Orders

  • 2nd and 3rd defendants to deliver 12 cows to plaintiffs or pay GHS50,000.00 jointly and severally
  • Interest at prevailing commercial bank rate on GHS50,000.00 from January 2022 to date of judgment