Dzakah and Another Vrs Aboagye [2022] GHADC 275 (3 November 2022)

Dzakah and Another Vrs Aboagye [2022] GHADC 275 (3 November 2022)

Plaintiffs proved on a preponderance of probabilities that they paid Defendant GH₵32,000.00 for building materials, and Defendant failed to supply them. There was no contract for GH₵57,000.00 as alleged by Defendant. Plaintiffs are entitled to recover the materials or the sum paid, with interest and costs.

Citation
[2022] GHADC 275
Parties
Plaintiff: Dr. Emmanuel E. K. Dzakah; Plaintiff: Christina Kafui Dogah; Defendant: Ernest Aboagye@Bro Moses
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 November 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiffs
Legal Topics
Breach of Contract, Burden of Proof, Admissibility of Evidence
Source Language
English
Contract Law Civil Procedure Breach of Contract Burden of Proof Admissibility of Evidence

Case Brief

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Parties

Dr. Emmanuel E. K. Dzakah

Plaintiff

Christina Kafui Dogah

Plaintiff

Ernest Aboagye@Bro Moses

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiffs paid Defendant GH₵32,000.00 for purchasing materials listed in relief 1
  2. 2 Whether Defendant entered into an agreement with Plaintiffs to construct a one-storey building for GH₵57,000.00
  3. 3 Whether Plaintiffs are entitled to their claims

Ratio Decidendi

Plaintiffs proved on a preponderance of probabilities that they paid Defendant GH₵32,000.00 for building materials, and Defendant failed to supply them. There was no contract for GH₵57,000.00 as alleged by Defendant. Plaintiffs are entitled to recover the materials or the sum paid, with interest and costs.

Court Disposition

judgment for plaintiffs

Orders

  • Defendant to deliver the materials listed in Relief 1 to Plaintiffs
  • Alternatively, Defendant to pay GH₵32,000.00 to Plaintiffs