Emmanuel Vrs Nkansah [2022] GHADC 80 (17 December 2022)
The Plaintiff proved on a balance of probabilities that only GHc8,000.00 was received as part payment for the contract sum of GHc11,000.00, and the GHc1,880.00 paid by the Defendant was for extra design work, not part of the original contract. Therefore, the Defendant owes the Plaintiff GHc3,000.00 as the remaining balance.
- Citation
- [2022] GHADC 80
- Parties
- Plaintiff: Fosu Emmanuel; Defendant: Yaa Nkansah
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 17 December 2022
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the Plaintiff
- Legal Topics
- Breach of Contract, Payment of Contractual Sums, Civil Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fosu Emmanuel
Plaintiff
Yaa Nkansah
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the parties entered into a contract agreement of GHc11,000.00
- 2 Whether the Defendant made part payment of GHc10,000.00 to the Plaintiff
- 3 Whether the conveyance fee of GHc200.00 formed part of the total agreement fee
Ratio Decidendi
The Plaintiff proved on a balance of probabilities that only GHc8,000.00 was received as part payment for the contract sum of GHc11,000.00, and the GHc1,880.00 paid by the Defendant was for extra design work, not part of the original contract. Therefore, the Defendant owes the Plaintiff GHc3,000.00 as the remaining balance.
Court Disposition
Judgment for the Plaintiff
Orders
- Defendant to pay Plaintiff GHc3,000.00 as remaining balance of contract sum
- Defendant to pay costs of GHc500.00 to Plaintiff
Full Case Text
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