ADDOM VRS. YEBOAH AND ANOTHER [2025] GHAHC 26 (13 March 2025)

ADDOM VRS. YEBOAH AND ANOTHER [2025] GHAHC 26 (13 March 2025)

The Plaintiff failed to strictly prove special damages for loss of use as required by law, but established some loss. The Court found it unreasonable to rent a vehicle for 207 days at US$100 per day and held that the Plaintiff could have mitigated his loss by repairing his vehicle within five weeks. General damages for seven weeks of loss of use at US$100 per day were awarded instead.

Citation
[2025] GHAHC 26
Parties
Plaintiff: DSP/Mr. Stephen Billy Addom; 1st Defendant: Samuel Yeboah; 2nd Defendant: Roofing and Steel Gh. Ltd.
Court
High Court
Jurisdiction
Ghana
Judgment Date
13 March 2025
Procedural Posture
Civil / Judgment
Outcome
Partly allowed
Legal Topics
Negligence, Damages, Loss of Use, Mitigation of Damages, Vicarious Liability
Source Language
English
Tort Civil Procedure Negligence Damages Loss of Use Mitigation of Damages Vicarious Liability

Case Brief

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Parties

DSP/Mr. Stephen Billy Addom

Plaintiff

Samuel Yeboah

1st Defendant

Roofing and Steel Gh. Ltd.

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to damages for loss of use of his vehicle in the sum claimed as special damages
  2. 2 Whether the Plaintiff failed to mitigate his losses
  3. 3 Whether the Defendants are liable for the loss of use

Ratio Decidendi

The Plaintiff failed to strictly prove special damages for loss of use as required by law, but established some loss. The Court found it unreasonable to rent a vehicle for 207 days at US$100 per day and held that the Plaintiff could have mitigated his loss by repairing his vehicle within five weeks. General damages for seven weeks of loss of use at US$100 per day were awarded instead.

Court Disposition

Partly allowed

Orders

  • General damages of US$4,900.00 or its cedi equivalent awarded to Plaintiff for loss of use against Defendants jointly and severally
  • Costs of GHS10,000.00 awarded to Plaintiff against Defendants jointly and severally