ARTHUR VRS BENTIL (A9/10/2023) [2022] GHADC 373 (3 October 2022)

ARTHUR VRS BENTIL (A9/10/2023) [2022] GHADC 373 (3 October 2022)

The defendant failed to provide satisfactory justification for withholding the plaintiff’s money, and is therefore liable to pay interest on the principal amount of GHS 5,000.00 for the period it was wrongfully withheld, at the prevailing Bank of Ghana interest rate.

Citation
[2022] GHADC 373
Parties
Plaintiff: Regina Arthur; Defendant: Elizabeth Bentil
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Case Number
A9/10/2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff on claim (b) for interest; no costs awarded.
Legal Topics
Interest on Debt, Tenancy Agreement, Unjust Enrichment
Source Language
English
Contract Law Landlord and Tenant Interest on Debt Tenancy Agreement Unjust Enrichment

Case Brief

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Parties

Regina Arthur

Plaintiff

Elizabeth Bentil

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to pay interest on the principal amount owed to the plaintiff for rent advance wrongfully withheld

Ratio Decidendi

The defendant failed to provide satisfactory justification for withholding the plaintiff’s money, and is therefore liable to pay interest on the principal amount of GHS 5,000.00 for the period it was wrongfully withheld, at the prevailing Bank of Ghana interest rate.

Court Disposition

Judgment for the plaintiff on claim (b) for interest; no costs awarded.

Orders

  • Defendant to pay interest to the plaintiff on GHS 5,000.00 for the period 20th May 2022 to 24th October 2022 at the prevailing Bank of Ghana interest rate.
  • No costs awarded.