AMOAKO VRS ESHUN & ANOTHER (C11/217/23) [2024] GHACC 9 (22 February 2024)

AMOAKO VRS ESHUN & ANOTHER (C11/217/23) [2024] GHACC 9 (22 February 2024)

Plaintiff proved on balance of probabilities that defendants contracted him for GH₵30,000 for three days but detained him and his truck for twelve weeks, entitling him to recover charges at the contract rate for twelve weeks, totaling GH₵360,000. Defendants' absence and failure to contest or pay justifies judgment in plaintiff's favour.

Citation
AMOAKO VRS ESHUN & ANOTHER (C11/217/23) [2024] GHACC 9 (22 February 2024)
Parties
Plaintiff: Patrick Amoako; 1st Defendant: Ebenezer Llyod Eshun; 2nd Defendant: Mr. George Akpabli
Court
ghacc
Jurisdiction
Ghana
Judgment Date
22 February 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Damages, Default Judgment, Costs
Source Language
eng
Contract Civil Procedure Breach of Contract Damages Default Judgment Costs

Case Brief

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Parties

Patrick Amoako

Plaintiff

Ebenezer Llyod Eshun

1st Defendant

Mr. George Akpabli

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to final judgment for recovery of Thirty Thousand Ghana Cedis for twelve weeks or an order for sale of the Black Oil

Ratio Decidendi

Plaintiff proved on balance of probabilities that defendants contracted him for GH₵30,000 for three days but detained him and his truck for twelve weeks, entitling him to recover charges at the contract rate for twelve weeks, totaling GH₵360,000. Defendants' absence and failure to contest or pay justifies judgment in plaintiff's favour.

Court Disposition

judgment for plaintiff

Orders

  • Defendants to pay plaintiff GH₵360,000 for twelve weeks at contract rate.
  • Defendants to pay plaintiff GH₵8,000 as costs.