Low Price Master Limited Vrs. Akpitse (E12/06/2023) [2024] GHAHC 325 (22 July 2024)

Low Price Master Limited Vrs. Akpitse (E12/06/2023) [2024] GHAHC 325 (22 July 2024)

Plaintiff failed to provide credible evidence for claims of loss and damages; plaintiff breached paragraph 3 of the MOU by not consulting defendant on purchases and labour. Defendant's counterclaims also fail due to lack of evidence. Both parties are bound by the terms of the MOU, and neither is entitled to damages due to mutual breaches and irregular termination.

Citation
Low Price Master Limited Vrs. Akpitse (E12/06/2023) [2024] GHAHC 325 (22 July 2024)
Parties
Plaintiff: Low Price Master Limited; Defendant: Edward Akpitse
Court
ghahc
Jurisdiction
Ghana
Judgment Date
22 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
claims and counterclaims dismissed
Legal Topics
Lease Agreement, Memorandum of Understanding, Breach of Contract, Damages, Burden of Proof
Source Language
eng
Contract Property Lease Agreement Memorandum of Understanding Breach of Contract Damages Burden of Proof

Case Brief

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Parties

Low Price Master Limited

Plaintiff

Edward Akpitse

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiff refused to review the agreement with defendant
  2. 2 Whether plaintiff breached paragraph 3 of the MOU
  3. 3 Whether defendant is entitled to recover cost of 2 toilet facilities

Ratio Decidendi

Plaintiff failed to provide credible evidence for claims of loss and damages; plaintiff breached paragraph 3 of the MOU by not consulting defendant on purchases and labour. Defendant's counterclaims also fail due to lack of evidence. Both parties are bound by the terms of the MOU, and neither is entitled to damages due to mutual breaches and irregular termination.

Court Disposition

claims and counterclaims dismissed

Orders

  • Parties to abide by provisions of the MOU
  • No damages awarded to either party