Oforiwaa Vrs Amenor and Another [2023] GHADC 343 (23 January 2023)

Oforiwaa Vrs Amenor and Another [2023] GHADC 343 (23 January 2023)

The 1st defendant admitted the motorbike was missing after being entrusted to him and failed to exercise due care, making him liable to pay the current market price to the plaintiff. The 2nd defendant was not a party to the agreement or a guarantor and is therefore non-suited.

Citation
[2023] GHADC 343
Parties
Plaintiff: Francisca Abena Oforiwaa; 1st Defendant: Prince Atsu Amenor; 2nd Defendant: Brother Agbey Amevor
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 January 2023
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff against the 1st defendant; 2nd defendant non-suited
Legal Topics
Hire Purchase, Work and Pay Agreement, Loss of Property, Liability for Lost Goods
Source Language
English
Contract Law Property Law Hire Purchase Work and Pay Agreement Loss of Property Liability for Lost Goods

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Parties

Francisca Abena Oforiwaa

Plaintiff

Prince Atsu Amenor

1st Defendant

Brother Agbey Amevor

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st defendant is liable to pay for the missing motorbike under the work-and-pay agreement
  2. 2 Whether the 2nd defendant is liable as a guarantor

Ratio Decidendi

The 1st defendant admitted the motorbike was missing after being entrusted to him and failed to exercise due care, making him liable to pay the current market price to the plaintiff. The 2nd defendant was not a party to the agreement or a guarantor and is therefore non-suited.

Court Disposition

judgment for the plaintiff against the 1st defendant; 2nd defendant non-suited

Orders

  • 1st defendant to pay the current market price of the Huaoju Motorbike to the plaintiff
  • Costs of GH¢500 awarded to the plaintiff