KUSI & ANOTHER VRS COBBINA (A2/92/2023) [2023] GHADC 774 (19 October 2023)

Plaintiffs failed to prove on a balance of probabilities that the motor bike was left in the defendant's care, as they did not hand over the key or provide sufficient evidence of bailment.

Citation: [2023] GHADC 774
Parties: Plaintiff: Emmanuel Kusi; Plaintiff: Alex Okyere Darko; Defendant: Justice Cobbina
Court: District Court
Jurisdiction: Ghana
Judgment Date: 19 October 2023
Case Number: A2/92/2023
Procedural Posture: Civil / Judgment
Outcome: Plaintiffs' claim dismissed; judgment for defendant.
Legal Topics: Bailment, Burden of Proof, Loss of Property
Source Language: English

Tort Property Law Bailment Burden of Proof Loss of Property

Case Brief

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Parties

Emmanuel Kusi

Plaintiff

Alex Okyere Darko

Plaintiff

Justice Cobbina

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether plaintiffs left the motor bike with defendant before leaving for the bank
2 Whether defendant was responsible for the loss or theft of the motor bike

Ratio Decidendi

Plaintiffs failed to prove on a balance of probabilities that the motor bike was left in the defendant's care, as they did not hand over the key or provide sufficient evidence of bailment.

Court Disposition

Plaintiffs' claim dismissed; judgment for defendant.

Orders

Plaintiffs' claim dismissed
Each plaintiff to pay GH¢1,000.00 as costs to defendant