Doecher v Manfo (A2/07/24) [2025] GHADC 176 (29 May 2025)

Doecher v Manfo (A2/07/24) [2025] GHADC 176 (29 May 2025)

The Defendant failed to adduce sufficient and credible evidence to establish, on the balance of probabilities, that the Plaintiff did shoddy work causing the alleged damages and expenses. Mere repetition of averments on oath without corroborative evidence is insufficient to discharge the burden of proof.

Citation
[2025] GHADC 176
Parties
Plaintiff: Prophet Doecher Emmanuel; Defendant: Rev. Kenneth Adu Manfo
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 May 2025
Case Number
A2/07/24
Procedural Posture
Civil / Judgment
Outcome
Counterclaim dismissed
Legal Topics
Building Contracts, Counterclaims, Burden of Proof, Evidence
Source Language
English
Contract Law Civil Procedure Building Contracts Counterclaims Burden of Proof Evidence

Case Brief

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Parties

Prophet Doecher Emmanuel

Plaintiff

Rev. Kenneth Adu Manfo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff was owed outstanding sums for building works and drawings
  2. 2 Whether the Defendant is entitled to recover costs for alleged shoddy workmanship by the Plaintiff

Ratio Decidendi

The Defendant failed to adduce sufficient and credible evidence to establish, on the balance of probabilities, that the Plaintiff did shoddy work causing the alleged damages and expenses. Mere repetition of averments on oath without corroborative evidence is insufficient to discharge the burden of proof.

Court Disposition

Counterclaim dismissed

Orders

  • Plaintiff's claim struck out as withdrawn
  • Defendant's counterclaim dismissed