Emmanuel Vrs Agyemang [2021] GHADC 2 (15 May 2021)

Emmanuel Vrs Agyemang [2021] GHADC 2 (15 May 2021)

The plaintiff proved on a preponderance of probabilities that the parties agreed for the outstanding balance to be paid by the end of August 2021, and the defendant breached the contract by failing to pay and returning the car. The plaintiff is entitled to damages for breach and compensation for loss of use. The defendant's counterclaim for refund of deposit and enhancements fails as title in the car never passed and he waived his right to recover enhancements.

Citation
[2021] GHADC 2
Parties
Plaintiff: Oppong Emmanuel; Defendant: Dr. Prince Agyemang
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 May 2021
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff; defendant's counterclaim dismissed
Legal Topics
Breach of Contract, Damages, Compensation for Loss of Use, Counterclaim, Sale of Goods
Source Language
English
Contract Law Breach of Contract Damages Compensation for Loss of Use Counterclaim Sale of Goods

Case Brief

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Parties

Oppong Emmanuel

Plaintiff

Dr. Prince Agyemang

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether parties agreed for the defendant to conclude payment for the car by the end of August, 2021 or payment to commence in August, 2021
  2. 2 Whether the defendant is entitled to recover the GH¢15,000.00 initial down payment for the car after return
  3. 3 Whether the plaintiff is entitled to compensation for loss of use of his car from 11th January, 2021 to 6th May, 2021

Ratio Decidendi

The plaintiff proved on a preponderance of probabilities that the parties agreed for the outstanding balance to be paid by the end of August 2021, and the defendant breached the contract by failing to pay and returning the car. The plaintiff is entitled to damages for breach and compensation for loss of use. The defendant's counterclaim for refund of deposit and enhancements fails as title in the car never passed and he waived his right to recover enhancements.

Court Disposition

Judgment for plaintiff; defendant's counterclaim dismissed

Orders

  • Plaintiff awarded GH¢7,910.00 as damages/compensation for loss of use of car for 113 days at GH¢70.00 per day
  • Plaintiff awarded costs of GH¢3,600.00