Darko and Another Vrs Marley [2022] GHAHC 18 (29 November 2022)

Darko and Another Vrs Marley [2022] GHAHC 18 (29 November 2022)

Judgment had already been entered against the defendant on admission for the sum claimed. The defendant, having failed to appear or contest, is liable for the principal sum, interest at the current bank rate from September 2014 to date of judgment, general damages, and costs as assessed based on the plaintiffs' evidence.

Citation
[2022] GHAHC 18
Parties
Plaintiff: Frank Darko; Plaintiff: Daniel Kwei-Kumah Sackey; Defendant: Nelson Marley
Court
High Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Civil / Judgment After Assessment of Damages Following Judgment on Admission
Outcome
Judgment for the plaintiffs
Legal Topics
Breach of Contract, Assessment of Damages, Judgment on Admission, Interest on Judgment Debt, Costs
Source Language
English
Contract Law Civil Procedure Breach of Contract Assessment of Damages Judgment on Admission Interest on Judgment Debt Costs

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Parties

Frank Darko

Plaintiff

Daniel Kwei-Kumah Sackey

Plaintiff

Nelson Marley

Defendant

Procedural Posture

Civil / Judgment After Assessment of Damages Following Judgment on Admission

Legal Issues

  1. 1 Whether the defendant is liable for the sum received for the purchase of land which did not materialize
  2. 2 Whether the plaintiffs are entitled to interest, damages, costs, and other reliefs

Ratio Decidendi

Judgment had already been entered against the defendant on admission for the sum claimed. The defendant, having failed to appear or contest, is liable for the principal sum, interest at the current bank rate from September 2014 to date of judgment, general damages, and costs as assessed based on the plaintiffs' evidence.

Court Disposition

Judgment for the plaintiffs

Orders

  • Defendant to pay GH¢118,000.00 as previously admitted and entered
  • Defendant to pay interest at the current bank rate on GH¢118,000.00 from September 2014 to date of judgment