ANAFO VRS YAKUBU (A2/77/23) [2024] GHADC 87 (27 February 2024)

ANAFO VRS YAKUBU (A2/77/23) [2024] GHADC 87 (27 February 2024)

Plaintiff failed to prove entitlement to claimed sales and daily sales; defendant only proved GHS19,730.00 in expenses plus GHS5,000.00 workmanship and GHS4,500.00 for driver/mate. Court preferred evidence of defendant's witness (DW1) for trip earnings. After set-off, plaintiff owes defendant GHS4,030.00. Plaintiff's claim for daily sales rejected for lack of evidence and not part of reliefs. Vehicle to be returned to plaintiff.

Citation
ANAFO VRS YAKUBU (A2/77/23) [2024] GHADC 87 (27 February 2024)
Parties
Plaintiff: Anafo Eric; Defendant: Mr. Yakubu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 February 2024
Procedural Posture
Commercial Contract Dispute / Final Judgment
Outcome
Judgment for defendant; plaintiff to pay GHS4,030.00 plus interest at prevailing bank rate from date of judgment until payment; vehicle to be returned to plaintiff; no order as to costs.
Legal Topics
Breach of Contract, Quantum Meruit, Set Off, Burden of Proof
Source Language
eng
Contract Law Commercial Law Breach of Contract Quantum Meruit Set Off Burden of Proof

Case Brief

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Parties

Anafo Eric

Plaintiff

Mr. Yakubu

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to GHS27,800.00 as outstanding sales from vehicle trips or defendant is entitled to GHS40,190.00 for repairs and workmanship, and/or a set-off
  2. 2 Whether plaintiff is entitled to GHS51,000.00 as daily sales from 13th June to 3rd August, 2023

Ratio Decidendi

Plaintiff failed to prove entitlement to claimed sales and daily sales; defendant only proved GHS19,730.00 in expenses plus GHS5,000.00 workmanship and GHS4,500.00 for driver/mate. Court preferred evidence of defendant's witness (DW1) for trip earnings. After set-off, plaintiff owes defendant GHS4,030.00. Plaintiff's claim for daily sales rejected for lack of evidence and not part of reliefs. Vehicle to be returned to plaintiff.

Court Disposition

Judgment for defendant; plaintiff to pay GHS4,030.00 plus interest at prevailing bank rate from date of judgment until payment; vehicle to be returned to plaintiff; no order as to costs.

Orders

  • Plaintiff to pay GHS4,030.00 to defendant.
  • Interest at prevailing bank rate from date of judgment until final payment.