Ankomah Vrs City Investment Comapny Ltd [2012] GHASC 30 (30 May 2012)

Ankomah Vrs City Investment Comapny Ltd [2012] GHASC 30 (30 May 2012)

The plaintiff failed to strictly prove damages for loss of use of the chattels as required for special damages, and did not establish actual damage to the chattels to warrant general damages for loss of use. The trial and appellate courts were correct in awarding only nominal damages for wrongful detention, and the computation of damages should not have excluded weekends and public holidays.

Citation
[2012] GHASC 30
Parties
Plaintiff/appellant/appellant: Peter Ankomah; Defendant/respondent: City Investment Company Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 May 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed with modifications
Legal Topics
Detinue, Damages, Loss of Use, Proof of Damages
Source Language
English
Tort Law Civil Procedure Detinue Damages Loss of Use Proof of Damages

Case Brief

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Parties

Peter Ankomah

Plaintiff/appellant/appellant

City Investment Company Limited

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether damages for loss of use of chattels in detinue are general or special damages
  2. 2 Whether the plaintiff proved entitlement to damages for loss of use
  3. 3 Whether exclusion of certain days from damages computation was justified

Ratio Decidendi

The plaintiff failed to strictly prove damages for loss of use of the chattels as required for special damages, and did not establish actual damage to the chattels to warrant general damages for loss of use. The trial and appellate courts were correct in awarding only nominal damages for wrongful detention, and the computation of damages should not have excluded weekends and public holidays.

Court Disposition

Appeal dismissed with modifications

Orders

  • Damages for loss of use of the car and refrigerator are extended to include all Saturdays, Sundays, and public holidays during the period.
  • The awarded amounts are not to be taxed.