ACQUAYE VRS. AMU (G/WJ/DG/A11/11/24) [2025] GHADC 6 (6 February 2025)

ACQUAYE VRS. AMU (G/WJ/DG/A11/11/24) [2025] GHADC 6 (6 February 2025)

Plaintiff proved by a preponderance of probabilities that he exchanged his car for land which was not delivered, entitling him to the return of the car or its value, but failed to prove payment of GH¢2,500.00 due to lack of receipts.

Citation
[2025] GHADC 6
Parties
Plaintiff: Harry Laud Acquaye; Defendant: Mr. Ayi Kwei Amu
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 February 2025
Case Number
G/WJ/DG/A11/11/24
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff in part
Legal Topics
Breach of Contract, Specific Performance, Damages, Burden of Proof
Source Language
English
Contract Law Civil Procedure Breach of Contract Specific Performance Damages Burden of Proof

Case Brief

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Parties

Harry Laud Acquaye

Plaintiff

Mr. Ayi Kwei Amu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to the return of his Toyota Corolla vehicle or payment of its current market value
  2. 2 Whether Plaintiff is entitled to recovery of GH¢2,500.00 from Defendant

Ratio Decidendi

Plaintiff proved by a preponderance of probabilities that he exchanged his car for land which was not delivered, entitling him to the return of the car or its value, but failed to prove payment of GH¢2,500.00 due to lack of receipts.

Court Disposition

Judgment for Plaintiff in part

Orders

  • Defendant to return Plaintiff’s Toyota Corolla with registration number GR 453-R immediately or pay the current market value of the car
  • Defendant to pay costs of GH¢5,000.00 to Plaintiff