OFORI VRS AWUKU AND OR. (C2/139/2022) [2024] GHACC 151 (28 March 2024)

OFORI VRS AWUKU AND OR. (C2/139/2022) [2024] GHACC 151 (28 March 2024)

Plaintiffs failed to establish on the preponderance of probabilities that 2nd Plaintiff delivered the vehicle and its keys to 1st Defendant, and thus failed to prove the existence of a bailment or vicarious liability. Plaintiffs' evidence was inconsistent and contradicted by their own witness and the Defendants' evidence. Accordingly, Defendants cannot be held liable for the loss of the vehicle.

Citation
OFORI VRS AWUKU AND OR. (C2/139/2022) [2024] GHACC 151 (28 March 2024)
Parties
Plaintiff: Daniel Densu Ofori; Plaintiff: Abraham Cudjoe; Defendant: Daniel Awuku; Defendant: Bernard Odei
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 March 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs' claim dismissed.
Legal Topics
Bailment, Vicarious Liability, Burden of Proof, Negligence
Source Language
eng
Tort Contract Bailment Vicarious Liability Burden of Proof Negligence

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Parties

Daniel Densu Ofori

Plaintiff

Abraham Cudjoe

Plaintiff

Daniel Awuku

Defendant

Bernard Odei

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether 2nd Plaintiff delivered 1st Plaintiff’s Hyundai Elantra 2012 vehicle and its keys to 1st Defendant
  2. 2 Whether Defendants are liable for the loss of the said vehicle

Ratio Decidendi

Plaintiffs failed to establish on the preponderance of probabilities that 2nd Plaintiff delivered the vehicle and its keys to 1st Defendant, and thus failed to prove the existence of a bailment or vicarious liability. Plaintiffs' evidence was inconsistent and contradicted by their own witness and the Defendants' evidence. Accordingly, Defendants cannot be held liable for the loss of the vehicle.

Court Disposition

Plaintiffs' claim dismissed.

Orders

  • Plaintiffs' claim against Defendants is dismissed in totality.
  • Cost of GHC4,000 awarded in favour of 2nd Defendant against Plaintiffs.