Frank Vrs Emmanuel [2023] GHADC 96 (12 July 2023)

Frank Vrs Emmanuel [2023] GHADC 96 (12 July 2023)

The plaintiff proved on a balance of probabilities that he gave his radio to the defendant for repairs and the defendant failed to return it despite requests and police involvement. The defendant did not produce the radio or sufficient evidence to rebut the plaintiff's claim.

Citation
[2023] GHADC 96
Parties
Plaintiff: Nsiah Frank; Defendant: Kofi Emmanuel
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 July 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Bailment, Recovery of Goods, Damages
Source Language
English
Civil Law Bailment Recovery of Goods Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nsiah Frank

Plaintiff

Kofi Emmanuel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff refused to go for his radio after repairs
  2. 2 Whether the plaintiff is entitled to his claim

Ratio Decidendi

The plaintiff proved on a balance of probabilities that he gave his radio to the defendant for repairs and the defendant failed to return it despite requests and police involvement. The defendant did not produce the radio or sufficient evidence to rebut the plaintiff's claim.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay GH¢500 being the cost of the radio
  • Defendant to pay GH¢300 as costs