OBEDIDUAL VRS MENSAH (A2/46/2023) [2024] GHADC 213 (6 May 2024)

OBEDIDUAL VRS MENSAH (A2/46/2023) [2024] GHADC 213 (6 May 2024)

Plaintiff established on the balance of probabilities that he purchased the car from the defendant and is entitled to a refund of the purchase price, but failed to prove the incidental expenses claimed.

Source-derived case information.

Citation
OBEDIDUAL VRS MENSAH (A2/46/2023) [2024] GHADC 213 (6 May 2024)
Parties
Plaintiff: Amartey Obedidual; Defendant: Benjamin Mensah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 May 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Sale of Goods, Burden of Proof, Remedies for Breach of Contract, Evidence, Default Judgment
Source Language
en
Contract Law Civil Procedure Sale of Goods Burden of Proof Remedies for Breach of Contract Evidence Default Judgment

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Summary, issues, holding and outcome

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Parties

Amartey Obedidual

Plaintiff

Benjamin Mensah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a refund of the purchase price of the car
  2. 2 Whether the plaintiff is entitled to recover incidental expenses incurred on the car

Ratio Decidendi

Plaintiff established on the balance of probabilities that he purchased the car from the defendant and is entitled to a refund of the purchase price, but failed to prove the incidental expenses claimed.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendant to pay plaintiff Gh₵16,500.00 with interest at the prevailing commercial banks’ lending rate from September 2022 until payment.
  • Plaintiff awarded costs of Gh₵2,000.00.