Osei Vrs Awortwe [2023] GHADC 400 (20 January 2023)

Osei Vrs Awortwe [2023] GHADC 400 (20 January 2023)

The defendant breached a fundamental condition of the contract by supplying a mower machine with latent defects not disclosed to the plaintiff, and failed to provide goods of the agreed quality and fitness, entitling the plaintiff to a replacement or refund and damages.

Citation
[2023] GHADC 400
Parties
Plaintiff: Regina Osei; Defendant: Master Awortwe
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Implied Conditions, Fitness for Purpose, Damages
Source Language
English
Contract Law Sale of Goods Breach of Contract Implied Conditions Fitness for Purpose Damages

Case Brief

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Parties

Regina Osei

Plaintiff

Master Awortwe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached his contractual obligation to the plaintiff under the Sale of Goods Act 1979

Ratio Decidendi

The defendant breached a fundamental condition of the contract by supplying a mower machine with latent defects not disclosed to the plaintiff, and failed to provide goods of the agreed quality and fitness, entitling the plaintiff to a replacement or refund and damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to buy a new mower machine for the plaintiff or refund GH¢3,298.00
  • Defendant to pay costs of GH¢1,000.00 to the plaintiff