DAITEY VRS. COMET PROPERTIES LTD (GJ/1474/2019) [2024] GHAHC 154 (11 July 2024)

DAITEY VRS. COMET PROPERTIES LTD (GJ/1474/2019) [2024] GHAHC 154 (11 July 2024)

Plaintiff is entitled to a refund of all sums paid to Defendant, in the respective currencies in which they were receipted (US$8,000 and GHS7,320), together with interest at the prevailing commercial bank rate from July 2013 until judgment, as equity and the evidence support refund in the currency paid and compensation for loss of use. Plaintiff's claim for legal fees as a percentage of the sum is refused; costs are awarded at the court's discretion.

Citation
DAITEY VRS. COMET PROPERTIES LTD (GJ/1474/2019) [2024] GHAHC 154 (11 July 2024)
Parties
Plaintiff: Mercy Daitey; Defendant: Comet Properties Ltd.
Court
ghahc
Jurisdiction
Ghana
Judgment Date
11 July 2024
Procedural Posture
Civil Contract/commercial / Final Judgment
Outcome
Judgment for Plaintiff in part
Legal Topics
Refund of Deposit, Currency of Payment and Refund, Interest on Sums Due, Burden of Proof, Equitable Relief
Source Language
eng
Contract Law Commercial Law Real Estate Law Refund of Deposit Currency of Payment and Refund Interest on Sums Due Burden of Proof Equitable Relief

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Parties

Mercy Daitey

Plaintiff

Comet Properties Ltd.

Defendant

Procedural Posture

Civil Contract/commercial / Final Judgment

Legal Issues

  1. 1 Whether Plaintiff is entitled to a refund of payments made to Defendant in cedis or dollars
  2. 2 Whether Defendant is obliged to refund in the currency paid
  3. 3 Whether Plaintiff is entitled to interest on the refunded sums

Ratio Decidendi

Plaintiff is entitled to a refund of all sums paid to Defendant, in the respective currencies in which they were receipted (US$8,000 and GHS7,320), together with interest at the prevailing commercial bank rate from July 2013 until judgment, as equity and the evidence support refund in the currency paid and compensation for loss of use. Plaintiff's claim for legal fees as a percentage of the sum is refused; costs are awarded at the court's discretion.

Court Disposition

Judgment for Plaintiff in part

Orders

  • Defendant to refund US$8,000 and GHS7,320 to Plaintiff in the respective currencies paid.
  • Defendant to pay interest on both sums at the prevailing commercial bank rate from July 2013 until date of judgment.