Owusu Vrs Boah [2022] GHADC 124 (15 December 2022)

Owusu Vrs Boah [2022] GHADC 124 (15 December 2022)

The agreement to hire the excavator was between the plaintiff and Nana Kweku Darku, not the defendant; however, the defendant admitted liability for GHc4,000.00 during cross-examination and is liable for that amount only.

Citation
[2022] GHADC 124
Parties
Plaintiff: Fredrick K. Owusu; Defendant: Samuel Boah
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Privity of Contract, Burden of Proof, Recovery of Debt
Source Language
English
Contract Privity of Contract Burden of Proof Recovery of Debt

Case Brief

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Parties

Fredrick K. Owusu

Plaintiff

Samuel Boah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the agreement to hire the excavator was between the plaintiff and the defendant or between the plaintiff and Nana Kweku Darku
  2. 2 Whether the defendant owes the plaintiff GHc57,000.00
  3. 3 Any other issue arising from the pleadings

Ratio Decidendi

The agreement to hire the excavator was between the plaintiff and Nana Kweku Darku, not the defendant; however, the defendant admitted liability for GHc4,000.00 during cross-examination and is liable for that amount only.

Court Disposition

judgment for plaintiff in part

Orders

  • Plaintiff to recover GHc4,000.00 from defendant
  • Defendant to pay costs of GHc2,000.00