ABAYA VRS OKADA (A11/08/2023) [2023] GHADC 1111 (27 July 2023)

ABAYA VRS OKADA (A11/08/2023) [2023] GHADC 1111 (27 July 2023)

The first defendant, having had access to the keys and being in charge of the motor tricycle, is found liable in part for its loss due to failure to dispel negligence. The second defendant is not found liable. The plaintiff is not entitled to lost daily sales as damages.

Citation
[2023] GHADC 1111
Parties
Plaintiff: Emmanuel Abaya; First Defendant: Korshie Okada; Second Defendant: Logoshie Kenkey
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 July 2023
Case Number
A11/08/2023
Procedural Posture
Civil / Judgment
Outcome
first defendant found liable in part; second defendant not liable; claim for lost daily sales dismissed
Legal Topics
Negligence, Bailment, Conversion, Damages
Source Language
English
Tort Property Negligence Bailment Conversion Damages

Case Brief

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Parties

Emmanuel Abaya

Plaintiff

Korshie Okada

First Defendant

Logoshie Kenkey

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the first defendant is liable for the loss of the plaintiff's motor tricycle
  2. 2 Whether the second defendant is liable for the loss
  3. 3 Whether the plaintiff is entitled to lost daily sales

Ratio Decidendi

The first defendant, having had access to the keys and being in charge of the motor tricycle, is found liable in part for its loss due to failure to dispel negligence. The second defendant is not found liable. The plaintiff is not entitled to lost daily sales as damages.

Court Disposition

first defendant found liable in part; second defendant not liable; claim for lost daily sales dismissed

Orders

  • Cost of GH¢500.00 awarded against the first defendant