TERNOR VRS. OLAI (A2/317/22) [2024] GHADC 483 (19 December 2024)

TERNOR VRS. OLAI (A2/317/22) [2024] GHADC 483 (19 December 2024)

The Defendant received GH¢10,000.00 from the Plaintiff for renovation and rental of an apartment but failed to deliver the premises as agreed, constituting a breach of contract. Plaintiff is entitled to recover the amount paid, interest, damages, and costs. Defendant's counterclaim is dismissed for want of prosecution.

Source-derived case information.

Citation
TERNOR VRS. OLAI (A2/317/22) [2024] GHADC 483 (19 December 2024)
Parties
Plaintiff: Judith Ohueyo Ternor; Defendant: Victoria Nikoi Olai
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 December 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Breach of Contract, Recovery of Money Paid, Damages, Interest on Judgment Debt, Counterclaim Dismissal
Source Language
en
Contract Law Landlord and Tenant Law Breach of Contract Recovery of Money Paid Damages Interest on Judgment Debt Counterclaim Dismissal

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Summary, issues, holding and outcome

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Parties

Judith Ohueyo Ternor

Plaintiff

Victoria Nikoi Olai

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is indebted to the Plaintiff
  2. 2 Whether any of the parties has breached any contract existing between them

Ratio Decidendi

The Defendant received GH¢10,000.00 from the Plaintiff for renovation and rental of an apartment but failed to deliver the premises as agreed, constituting a breach of contract. Plaintiff is entitled to recover the amount paid, interest, damages, and costs. Defendant's counterclaim is dismissed for want of prosecution.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to refund GH¢6,155.00 to Plaintiff as the disputed portion of the money paid as rent.
  • Defendant to pay interest on GH¢6,155.00 at the prevailing commercial bank rate from August 2021 to date of final payment.