DAMSON VRS GILBERTSON AND ANOTHER (A2/17//2023) [2023] GHADC 1074 (23 June 2023)

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

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Parties

Emmanuel Tweneboah Damson

Plaintiff

Hopece Obli Gilbertson

1st Defendant

Rev. Moses Damson Amin

2nd Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether there was a contractual agreement between the Plaintiff and the 1st Defendant for the Plaintiff to take care of the house
  2. 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.