Appiah Vrs Frimpong [2023] GHADC 651 (12 July 2023)

Appiah Vrs Frimpong [2023] GHADC 651 (12 July 2023)

The plaintiff contracted with the defendant, who failed to disclose latent defects in the vehicle and is liable for the outstanding balance. The defendant's partial refund and failure to prove the plaintiff caused the defect support the plaintiff's claim. The defendant cannot shift liability to a third party unknown to the plaintiff.

Citation
[2023] GHADC 651
Parties
Plaintiff: Ernest Appiah; Defendant: Mr. Frimpong
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 July 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Latent Defects, Burden of Proof, Agency, Remedies for Breach of Contract
Source Language
English
Contract Law Sale of Goods Latent Defects Burden of Proof Agency Remedies for Breach of Contract

Case Brief

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Parties

Ernest Appiah

Plaintiff

Mr. Frimpong

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover the outstanding balance of GH¢10,000.00 from the defendant

Ratio Decidendi

The plaintiff contracted with the defendant, who failed to disclose latent defects in the vehicle and is liable for the outstanding balance. The defendant's partial refund and failure to prove the plaintiff caused the defect support the plaintiff's claim. The defendant cannot shift liability to a third party unknown to the plaintiff.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff to recover GH¢10,000.00 from defendant
  • Plaintiff to recover interest on GH¢10,000.00 from March 2022 until final payment