BAIDOO VRS. MENSAH (A2/01//2023) [2023] GHADC 1076 (17 March 2023)

BAIDOO VRS. MENSAH (A2/01//2023) [2023] GHADC 1076 (17 March 2023)

The Plaintiff proved on a balance of probabilities that he paid GHC10,000.00 to the Defendant, who failed to secure employment as promised and did not prove agency or refund. The Defendant's evidence was inconsistent and uncorroborated.

Citation
[2023] GHADC 1076
Parties
Plaintiff: Baidoo Frank; Defendant: Thomas Mensah
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 March 2023
Case Number
A2/01//2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Breach of Contract, Burden of Proof, Agency, Recovery of Money
Source Language
English
Contract Law Civil Procedure Breach of Contract Burden of Proof Agency Recovery of Money

Case Brief

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Parties

Baidoo Frank

Plaintiff

Thomas Mensah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant received GHC10,000.00 from the Plaintiff for recruitment into the Ghana Armed Forces
  2. 2 Whether the Defendant was acting as an agent or principal
  3. 3 Whether the Plaintiff is entitled to recovery of the sum and interest

Ratio Decidendi

The Plaintiff proved on a balance of probabilities that he paid GHC10,000.00 to the Defendant, who failed to secure employment as promised and did not prove agency or refund. The Defendant's evidence was inconsistent and uncorroborated.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff GHC10,000.00
  • Interest on GHC10,000.00 from November 2021 at the current Ghana Commercial Bank rate until final payment