Howusu Vrs Howusu [2022] GHACC 86 (27 October 2022)

Howusu Vrs Howusu [2022] GHACC 86 (27 October 2022)

The defendant admitted receiving the five diamond crystals for safekeeping and failed to return them. The plaintiff is entitled to the current assessed value of the diamonds, as the defendant is obliged to compensate for their loss. The court directs assessment of value by the Precious Mineral Marketing Company Ltd....

Source-derived case information.

Citation
[2022] GHACC 86
Parties
Plaintiff: Mawulolo Howusu; Defendant: Kofi Howusu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Bailment, Recovery of Property, Compensation for Loss, Burden of Proof
Source Language
english
Civil Law Property Law Bailment Recovery of Property Compensation for Loss Burden of Proof

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Summary, issues, holding and outcome

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Parties

Mawulolo Howusu

Plaintiff

Kofi Howusu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff gave five polished diamond crystals to the defendant for safekeeping in 1976/1977.
  2. 2 Whether the defendant is obliged to return the five diamond crystals or pay their current assessed value to the plaintiff.
  3. 3 Whether the plaintiff is entitled to his claims.

Ratio Decidendi

The defendant admitted receiving the five diamond crystals for safekeeping and failed to return them. The plaintiff is entitled to the current assessed value of the diamonds, as the defendant is obliged to compensate for their loss. The court directs assessment of value by the Precious Mineral Marketing Company Ltd. and awards costs to the plaintiff.

Court Disposition

Judgment for the plaintiff.

Orders

  • Defendant to pay the current assessed value of the five polished diamond crystals to the plaintiff as assessed by the Precious Mineral Marketing Company Ltd. within two weeks of judgment.
  • Defendant to pay GH¢3,000.00 as costs to the plaintiff.