TETTEH VRS ABOAGYE (C11/135/2023) [2023] GHACC 619 (6 November 2023)

TETTEH VRS ABOAGYE (C11/135/2023) [2023] GHACC 619 (6 November 2023)

The plaintiff proved on a balance of probabilities that the defendant breached the contract by failing to repay the principal sum. The court found that general damages were appropriate due to the breach and inconvenience caused, awarding nominal damages and costs.

Citation
[2023] GHACC 619
Parties
Plaintiff: Jonathan Tetteh; Defendant: Michael Aboagye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 November 2023
Case Number
C11/135/2023
Procedural Posture
Civil / Judgment After Default of Defence and Assessment of Damages
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Damages, Default Judgment, Legal Costs
Source Language
English
Contract Law Civil Procedure Breach of Contract Damages Default Judgment Legal Costs

Case Brief

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Parties

Jonathan Tetteh

Plaintiff

Michael Aboagye

Defendant

Procedural Posture

Civil / Judgment After Default of Defence and Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover damages from the defendant for breach of contract

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant breached the contract by failing to repay the principal sum. The court found that general damages were appropriate due to the breach and inconvenience caused, awarding nominal damages and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff GH¢2,000 as general damages for breach of contract
  • Defendant to pay plaintiff GH¢4,000 as costs