Williams Vrs John [2022] GHADC 69 (7 September 2022)

Williams Vrs John [2022] GHADC 69 (7 September 2022)

The court found the defendant’s evidence on price per teak tree more credible, holding the agreed price was GH¢20.00 per tree. The court determined, based on corroborated evidence and unchallenged testimony, that the defendant felled more than 84 trees but not exactly 200; the number was assessed at 150. Defendant...

Source-derived case information.

Citation
Williams Vrs John [2022] GHADC 69 (7 September 2022)
Parties
Plaintiff: Bour Simon Kwaku; Defendant: Kwame Owunta
Court
ghadc
Jurisdiction
Ghana
Judgment Date
7 September 2022
Procedural Posture
Civil / Final Judgment
Outcome
Judgment in part for plaintiff
Legal Topics
Felling of Teak Trees, Damages, Sale of Goods, Breach of Contract
Source Language
en
Property Law Contract Law Tort Law Felling of Teak Trees Damages Sale of Goods Breach of Contract

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Parties

Bour Simon Kwaku

Plaintiff

Kwame Owunta

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the unit price for a teak tree was GH¢40.00 or GH¢20.00 by the parties
  2. 2 Whether the defendant fell two hundred (200) teak trees from plaintiff’s farm at Dormabin-Anyinase instead of eighty four (84) teak trees

Ratio Decidendi

The court found the defendant’s evidence on price per teak tree more credible, holding the agreed price was GH¢20.00 per tree. The court determined, based on corroborated evidence and unchallenged testimony, that the defendant felled more than 84 trees but not exactly 200; the number was assessed at 150. Defendant owed balance for 150 trees at GH¢20.00 each, less deposit paid.

Court Disposition

Judgment in part for plaintiff

Orders

  • Plaintiff to recover GH¢2,100.00 being balance for 150 teak trees
  • General damages of GH¢1,000.00