Ayisah Vrs Hayi [2022] GHADC 318 (1 September 2022)

Ayisah Vrs Hayi [2022] GHADC 318 (1 September 2022)

Plaintiff failed to prove that 31 bags of rice were collected; only 14.5 bags were deposited in court. Defendant's counterclaim for GH₵2,500.00 is undisputed. The 14.5 bags at GH₵200.00 per bag offset the debt, leaving a balance of GH₵400.00 in defendant's favour.

Source-derived case information.

Citation
[2022] GHADC 318
Parties
Plaintiff: Ayisah Benjamin; Defendant: Peace Hayi Afi
Court
District Court
Jurisdiction
Ghana
Judgment Date
1 September 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed; defendant's counterclaim allowed in part.
Legal Topics
Recovery of Goods, Set Off, Counterclaim, Burden of Proof
Source Language
english
Contract Debt Recovery Recovery of Goods Set Off Counterclaim Burden of Proof

Source-derived case record

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Parties

Ayisah Benjamin

Plaintiff

Peace Hayi Afi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant collected 31 bags of rice from plaintiff's farm without approval
  2. 2 Whether the plaintiff owes the defendant GH₵2,500.00 as a counterclaim

Ratio Decidendi

Plaintiff failed to prove that 31 bags of rice were collected; only 14.5 bags were deposited in court. Defendant's counterclaim for GH₵2,500.00 is undisputed. The 14.5 bags at GH₵200.00 per bag offset the debt, leaving a balance of GH₵400.00 in defendant's favour.

Court Disposition

Plaintiff's claim dismissed; defendant's counterclaim allowed in part.

Orders

  • The 14.5 bags of rice in court at GH₵200.00 per bag (total GH₵2,900.00) to offset defendant's debt.
  • Plaintiff owes defendant GH₵2,500.00.