Lodo Vrs Addae and Another [2022] GHADC 161 (11 October 2022)

Lodo Vrs Addae and Another [2022] GHADC 161 (11 October 2022)

The plaintiff failed to prove any agreement for replacement of the car or entitlement to damages or repair costs, but the 1st defendant admitted selling the car for GHC18,000 and having paid GHC10,000, leaving a balance of GHC8,000 owed to the plaintiff. The 2nd defendant had no liability as he was not involved in the transaction beyond initial introduction.

Citation
[2022] GHADC 161
Parties
Plaintiff: Godson Mawutor Lodo; 1st Defendant: Bill Kofi Addae; 2nd Defendant: Pastor Matthew Addae Wontumi
Court
District Court
Jurisdiction
Ghana
Judgment Date
11 October 2022
Procedural Posture
Civil / Judgment
Outcome
Partly allowed
Legal Topics
Sale of Goods, Breach of Contract, Damages, Burden of Proof
Source Language
English
Contract Law Civil Procedure Sale of Goods Breach of Contract Damages Burden of Proof

Case Brief

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Parties

Godson Mawutor Lodo

Plaintiff

Bill Kofi Addae

1st Defendant

Pastor Matthew Addae Wontumi

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants owe the plaintiff GHC50,000 for the sale and repair of a vehicle
  2. 2 Whether the plaintiff is entitled to damages for breach of agreement
  3. 3 Whether the 1st defendant is liable for the cost of repairs

Ratio Decidendi

The plaintiff failed to prove any agreement for replacement of the car or entitlement to damages or repair costs, but the 1st defendant admitted selling the car for GHC18,000 and having paid GHC10,000, leaving a balance of GHC8,000 owed to the plaintiff. The 2nd defendant had no liability as he was not involved in the transaction beyond initial introduction.

Court Disposition

Partly allowed

Orders

  • 1st Defendant to pay Plaintiff GHC8,000 with interest from 7th February 2022 until final payment
  • Plaintiff awarded costs of GHC3,000 against 1st Defendant