AMAFIO VRS. ODAI (A2/07//2023) [2023] GHADC 1075 (17 July 2023)

AMAFIO VRS. ODAI (A2/07//2023) [2023] GHADC 1075 (17 July 2023)

Defendant, as bailee, was under a duty to keep and preserve the engine for the Plaintiff and is liable for its loss; however, Plaintiff contributed to the loss by failing to promptly deliver the convertor, thus no costs are awarded. The proven value of the engine is GHC7,000.00, not GHC9,500.00.

Citation
[2023] GHADC 1075
Parties
Plaintiff: Ernest Nii Amafio; Defendant: Stephen Odai
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 July 2023
Case Number
A2/07//2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Bailment, Negligence, Damages
Source Language
English
Contract Tort Bailment Negligence Damages

Case Brief

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Parties

Ernest Nii Amafio

Plaintiff

Stephen Odai

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the engine was fixed into the car or lying on the ground at the workshop
  2. 2 Whether the engine was bought at GHC9,500.00 or GHC7,000.00
  3. 3 Whether the Defendant is liable for the loss of the engine as bailee

Ratio Decidendi

Defendant, as bailee, was under a duty to keep and preserve the engine for the Plaintiff and is liable for its loss; however, Plaintiff contributed to the loss by failing to promptly deliver the convertor, thus no costs are awarded. The proven value of the engine is GHC7,000.00, not GHC9,500.00.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to pay Plaintiff GHC7,000.00 being the cost of the engine.
  • In the alternative, Defendant to buy for Plaintiff the F. I. S Non Teble engine.