Lawal Vrs Acquah [2022] GHADC 324 (21 December 2022)
Defendant breached the contract by failing to deliver possession of the store or refund the rent advance, and failed to exercise reasonable care to preserve the money; plaintiff is entitled to a refund and costs.
- Citation
- [2022] GHADC 324
- Parties
- Plaintiff: Falilati Lawal; Defendant: Regina Acquah
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 21 December 2022
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for plaintiff
- Legal Topics
- Breach of Contract, Failure of Consideration, Unjust Enrichment, Rent Advance Refund
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Parties
Falilati Lawal
Plaintiff
Regina Acquah
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant breached the contract between the parties
- 2 Whether the money was lost in defendant’s room
- 3 Whether the defendant exercised reasonable care to preserve the money
Ratio Decidendi
Defendant breached the contract by failing to deliver possession of the store or refund the rent advance, and failed to exercise reasonable care to preserve the money; plaintiff is entitled to a refund and costs.
Court Disposition
Judgment for plaintiff
Orders
- Defendant to refund Ghc28,800.00 to plaintiff
- Defendant to pay costs of Ghc3,000.00
Full Case Text
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