Asiamah Vrs Mohammed [2023] GHADC 72 (17 May 2023)

Asiamah Vrs Mohammed [2023] GHADC 72 (17 May 2023)

The plaintiff proved on a balance of probabilities that the first defendant received money for a specific vehicle, failed to deliver or refund, and is therefore liable to refund the amount with interest and costs.

Citation
[2023] GHADC 72
Parties
Plaintiff: Kingsley Asiamah; 1st Defendant: Harisu Mohammed; 2nd Defendant: Alhaji Meriga
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 May 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff against the first defendant.
Legal Topics
Breach of Contract, Recovery of Money, Interest on Judgment Debt, Costs
Source Language
English
Contract Law Breach of Contract Recovery of Money Interest on Judgment Debt Costs

Case Brief

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Parties

Kingsley Asiamah

Plaintiff

Harisu Mohammed

1st Defendant

Alhaji Meriga

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants are liable to refund GH₵19,000.00 to the plaintiff
  2. 2 Whether interest should be awarded on the amount from February 2022 to date of payment
  3. 3 Whether costs should be awarded to the plaintiff

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the first defendant received money for a specific vehicle, failed to deliver or refund, and is therefore liable to refund the amount with interest and costs.

Court Disposition

Judgment for the plaintiff against the first defendant.

Orders

  • First defendant to pay GH₵19,000.00 to the plaintiff.
  • Interest to be calculated on GH₵19,000.00 from February 2022 to date of final payment.