Asinu Vrs Issah [2022] GHADC 64 (15 November 2022)

Asinu Vrs Issah [2022] GHADC 64 (15 November 2022)

The court found that a contractual relationship existed, the defendant failed to fulfill his obligations regarding customs duty, and did not refund the plaintiff's money. The plaintiff proved his case on a balance of probabilities, entitling him to recovery of the amount paid and costs.

Citation
[2022] GHADC 64
Parties
Plaintiff: Felix Asinu; Defendant: Mohammed Issah
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 November 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Recovery of Money, Sale of Goods, Customs Duty
Source Language
English
Contract Law Breach of Contract Recovery of Money Sale of Goods Customs Duty

Case Brief

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Parties

Felix Asinu

Plaintiff

Mohammed Issah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a contractual agreement between the parties for the purchase of a vehicle
  2. 2 Whether customs duty was properly paid on the vehicle
  3. 3 Whether the plaintiff is entitled to the reliefs sought

Ratio Decidendi

The court found that a contractual relationship existed, the defendant failed to fulfill his obligations regarding customs duty, and did not refund the plaintiff's money. The plaintiff proved his case on a balance of probabilities, entitling him to recovery of the amount paid and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay GH₵21,500.00 to the plaintiff
  • Defendant to pay costs of GH₵300.00 to the plaintiff