ZEIMAH VRS ABU & ANOTHER (UW/ND/DC/A2/03/2024) [2024] GHADC 427 (12 August 2024)

ZEIMAH VRS ABU & ANOTHER (UW/ND/DC/A2/03/2024) [2024] GHADC 427 (12 August 2024)

Plaintiff failed to prove the claimed difference of GHS4,170.00 beyond the GHS830.00 admitted by the 2nd Defendant and valued by the Department of Agriculture; Plaintiff’s failure to cross-examine on the valuation constituted admission of that fact.

Citation
ZEIMAH VRS ABU & ANOTHER (UW/ND/DC/A2/03/2024) [2024] GHADC 427 (12 August 2024)
Parties
Plaintiff: Angkonyele Zeimah; 1st Defendant: Issaka Abu; 2nd Defendant: Dakurah Marcurious
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 August 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff’s claim for GHS5,000.00 dismissed except for GHS830.00 granted as judgment on admission; claim for compensation dismissed; Plaintiff awarded GHS1,000.00 as cost.
Legal Topics
Damage to Property, Liability for Animals, Burden of Proof, Judgment on Admission
Source Language
eng
Tort Civil Procedure Damage to Property Liability for Animals Burden of Proof Judgment on Admission

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Parties

Angkonyele Zeimah

Plaintiff

Issaka Abu

1st Defendant

Dakurah Marcurious

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff’s farm produce destroyed by the Defendants' cattle cost GHS5,000.00 as claimed by the Plaintiff

Ratio Decidendi

Plaintiff failed to prove the claimed difference of GHS4,170.00 beyond the GHS830.00 admitted by the 2nd Defendant and valued by the Department of Agriculture; Plaintiff’s failure to cross-examine on the valuation constituted admission of that fact.

Court Disposition

Plaintiff’s claim for GHS5,000.00 dismissed except for GHS830.00 granted as judgment on admission; claim for compensation dismissed; Plaintiff awarded GHS1,000.00 as cost.

Orders

  • Plaintiff awarded GHS830.00 as value of destruction on farm.
  • Plaintiff awarded GHS1,000.00 as cost.