Ansong v Arhin (GR/NGA/DC/A8/1/2025) [2025] GHADC 153 (30 June 2025)

Ansong v Arhin (GR/NGA/DC/A8/1/2025) [2025] GHADC 153 (30 June 2025)

The defendant, as bailee, owed a duty of care to the plaintiff to safeguard the vehicle. By failing to prevent its loss while in his possession, the defendant was negligent. The plaintiff discharged the burden of proof on a balance of probabilities and is entitled to the return of the vehicle or its market value.

Citation
[2025] GHADC 153
Parties
Plaintiff: George Yao Ansong; Defendant: Charles Arhin
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 June 2025
Case Number
GR/NGA/DC/A8/1/2025
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Bailment, Negligence, Burden of Proof
Source Language
English
Contract Tort Bailment Negligence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

George Yao Ansong

Plaintiff

Charles Arhin

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to the return of his vehicle or its market value due to alleged negligence by the defendant

Ratio Decidendi

The defendant, as bailee, owed a duty of care to the plaintiff to safeguard the vehicle. By failing to prevent its loss while in his possession, the defendant was negligent. The plaintiff discharged the burden of proof on a balance of probabilities and is entitled to the return of the vehicle or its market value.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to return the vehicle with Registration Number GX 2547-21 to the plaintiff
  • In the alternative, defendant to pay the current market value of the vehicle