Alawa Vrs Azaglo And Another (C12/02/2024) [2024] GHAHC 211 (15 April 2024)

Alawa Vrs Azaglo And Another (C12/02/2024) [2024] GHAHC 211 (15 April 2024)

The plaintiff failed to prove on a balance of probabilities that the defendants were responsible for the disconnection of electricity or that he suffered special damages as a result. The trial court correctly applied the law on pleadings, amendments, and special damages. There is no basis to interfere with the trial court's findings or conclusion.

Citation
Alawa Vrs Azaglo And Another (C12/02/2024) [2024] GHAHC 211 (15 April 2024)
Parties
Plaintiff/appellant: Abdul Fattah Alawa; Defendant/respondent: Rebecca Adzo Azaglo; Defendant/respondent: Prosper Kwame Azaglo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
15 April 2024
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed
Legal Topics
Appeal Against Dismissal of Claim, Special Damages, Pleadings and Amendments, Burden of Proof
Source Language
eng
Civil Procedure Landlord and Tenant Appeal Against Dismissal of Claim Special Damages Pleadings and Amendments Burden of Proof

Case Brief

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Parties

Abdul Fattah Alawa

Plaintiff/appellant

Rebecca Adzo Azaglo

Defendant/respondent

Prosper Kwame Azaglo

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the trial court erred in dismissing the plaintiff's claim for damages for disconnection of electricity
  2. 2 Whether the trial court misapplied the law on pleadings and amendments
  3. 3 Whether the plaintiff proved special damages as required by law

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendants were responsible for the disconnection of electricity or that he suffered special damages as a result. The trial court correctly applied the law on pleadings, amendments, and special damages. There is no basis to interfere with the trial court's findings or conclusion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • No order for general damages