DAMSON VRS GILBERTSON AND ANOTHER (A2/17//2023) [2023] GHADC 1074 (23 June 2023)
Plaintiff failed to prove on a balance of probabilities that there was any contractual agreement with the 1st Defendant for caretaking services or payment, nor did he prove entitlement to compensation for improvements. Defendants' evidence was more credible and consistent.
- Citation
- [2023] GHADC 1074
- Parties
- Plaintiff: Emmanuel Tweneboah Damson; 1st Defendant: Hopece Obli Gilbertson; 2nd Defendant: Rev. Moses Damson Amin
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 23 June 2023
- Case Number
- A2/17//2023
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiff's case dismissed in its entirety.
- Legal Topics
- Existence of Contract, Caretaker Agreements, Compensation for Improvements, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Tweneboah Damson
Plaintiff
Hopece Obli Gilbertson
1st Defendant
Rev. Moses Damson Amin
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether there was a contractual agreement between the Plaintiff and the 1st Defendant for the Plaintiff to take care of the house
- 2 Whether the 1st Defendant promised to pay the Plaintiff 50 Pounds every month from 2012 to date
Ratio Decidendi
Plaintiff failed to prove on a balance of probabilities that there was any contractual agreement with the 1st Defendant for caretaking services or payment, nor did he prove entitlement to compensation for improvements. Defendants' evidence was more credible and consistent.
Court Disposition
Plaintiff's case dismissed in its entirety.
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