Annan v Ablado and Another (G/AC/DG/A2/122/23) [2024] GHADC 754 (18 September 2024)

There was a contract between the Plaintiff and Defendants for the 2nd Defendant to use the vehicle on a work and pay basis. The Defendants are liable to refund the cost of the vehicle to the Plaintiff due to breach of trust and failure to account for the vehicle's loss.

Citation: [2024] GHADC 754
Parties: Plaintiff: Comfort Annan; Defendant: Rev. Simon Ablado; Defendant: Emmanuel Osei
Court: District Court
Jurisdiction: Ghana
Judgment Date: 18 September 2024
Case Number: G/AC/DG/A2/122/23
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim granted
Legal Topics: Work and Pay Agreements, Breach of Trust, Burden of Proof
Source Language: English

Contract Law Trust Law Work and Pay Agreements Breach of Trust Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Comfort Annan

Plaintiff

Rev. Simon Ablado

Defendant

Emmanuel Osei

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether there was an agreement between the Plaintiff and Defendants regarding the vehicle
2 Whether the Defendants are to refund any monies to the Plaintiff
3 Whether the Defendants committed a breach of trust against the Plaintiff

Ratio Decidendi

Court Disposition

Plaintiff's claim granted

Orders

Defendants to pay GH¢60,000.00 to Plaintiff being the cost of the taxi cab
Defendants to pay interest on the amount at the current bank rate from August 2023 until final payment