BRAKO VRS DANKLON (C2/25/23) [2023] GHACC 892 (6 December 2023)

BRAKO VRS DANKLON (C2/25/23) [2023] GHACC 892 (6 December 2023)

The 1st defendant traded under the name Reagan Enterprise and the 2nd defendant acted as his agent. The plaintiff paid for building materials to Reagan Enterprise, and the 1st defendant is liable to supply the items or pay their value as the principal. The claim for special damages was dismissed for lack of evidence.

Source-derived case information.

Citation
[2023] GHACC 892
Parties
Plaintiff: Kwasi Osafo Brako; 1st Defendant: George Kwakye Danklon; 2nd Defendant: Reagan Asante
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 December 2023
Case Number
C2/25/23
Procedural Posture
Civil / Judgment
Outcome
Judgment in part for the plaintiff
Legal Topics
Supply of Goods, Agency Relationship, Liability of Principal, Special Damages
Source Language
english
Contract Law Agency Law Supply of Goods Agency Relationship Liability of Principal Special Damages

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Parties

Kwasi Osafo Brako

Plaintiff

George Kwakye Danklon

1st Defendant

Reagan Asante

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st and 2nd defendants traded under the name Reagan Enterprise or River Gyordan Enterprise
  2. 2 Whether the 2nd defendant was an agent of the 1st defendant
  3. 3 Whether the defendants have supplied the materials paid for by the plaintiff

Ratio Decidendi

The 1st defendant traded under the name Reagan Enterprise and the 2nd defendant acted as his agent. The plaintiff paid for building materials to Reagan Enterprise, and the 1st defendant is liable to supply the items or pay their value as the principal. The claim for special damages was dismissed for lack of evidence.

Court Disposition

Judgment in part for the plaintiff

Orders

  • The 1st defendant shall supply the plaintiff with the listed building materials or pay their prevailing market value.
  • Costs of GH₵8,000.00 awarded to the plaintiff against the 1st defendant.