Messrs Askus Company Vrs Boakye and Others [2016] GHASC 11 (20 April 2016)

Messrs Askus Company Vrs Boakye and Others [2016] GHASC 11 (20 April 2016)

The Court of Appeal erred in setting aside the entire judgment of the trial High Court, including reliefs not appealed against. The trial High Court was correct in awarding exemplary damages for detinue and trespass, and the reduction by the Court of Appeal was unjustified. The trial court's awards for special damages and costs, not appealed, are restored. The order for payment of the value of dishonoured cheques stands as not appealed.

Citation
[2016] GHASC 11
Parties
Plaintiff/respondent/appellant: Messrs Askus Company; Defendant/appellant/respondent: Harry Boakye; Defendant/appellant/respondent: Jojo Bonney; Defendant/appellant/respondent: Guinness Ghana Breweries Group
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 April 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed in part
Legal Topics
Damages, Detinue, Trespass, Exemplary Damages, Special Damages, Counter Claim, Appeals
Source Language
English
Tort Contract Commercial Law Damages Detinue Trespass Exemplary Damages Special Damages +2 more

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Parties

Messrs Askus Company

Plaintiff/respondent/appellant

Harry Boakye

Defendant/appellant/respondent

Jojo Bonney

Defendant/appellant/respondent

Guinness Ghana Breweries Group

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in substituting its judgment for that of the trial High Court without specific appeals on certain reliefs
  2. 2 Whether the award of general and nominal damages by the trial High Court was excessive or contrary to law
  3. 3 Whether the trial High Court erred in its award of damages for detinue and trespass

Ratio Decidendi

The Court of Appeal erred in setting aside the entire judgment of the trial High Court, including reliefs not appealed against. The trial High Court was correct in awarding exemplary damages for detinue and trespass, and the reduction by the Court of Appeal was unjustified. The trial court's awards for special damages and costs, not appealed, are restored. The order for payment of the value of dishonoured cheques stands as not appealed.

Court Disposition

appeal allowed in part

Orders

  • Orders of the trial High Court in respect of reliefs (d), (g), and (h) are restored.
  • Award of GH₵80,000.00 as exemplary damages for detinue and trespass is restored.