Franciam Services Vrs Yaw [2022] GHAHC 50 (26 October 2022)

Franciam Services Vrs Yaw [2022] GHAHC 50 (26 October 2022)

The appellant failed to prove his claim on a balance of probabilities. The evidence did not support the existence of a 5% default penalty clause, and the trial court's findings were supported by the record. There was no basis to interfere with the trial court's judgment.

Citation
[2022] GHAHC 50
Parties
Plaintiff/appellant: Franciam Services; Defendant/respondent: Wafa Yaw
Court
High Court
Jurisdiction
Ghana
Judgment Date
26 October 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sale of Goods, Burden of Proof, Appeals, Counterclaim
Source Language
English
Contract Law Civil Procedure Sale of Goods Burden of Proof Appeals Counterclaim

Case Brief

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Parties

Franciam Services

Plaintiff/appellant

Wafa Yaw

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court's judgment was against the weight of evidence
  2. 2 Whether the defendant owed the plaintiff for cement supplied
  3. 3 Whether a 5% default penalty clause existed and was enforceable

Ratio Decidendi

The appellant failed to prove his claim on a balance of probabilities. The evidence did not support the existence of a 5% default penalty clause, and the trial court's findings were supported by the record. There was no basis to interfere with the trial court's judgment.

Court Disposition

Appeal dismissed

Orders

  • Costs of Four Thousand Ghana Cedis (GH₵4,000.00) awarded against the appellant in favour of the respondent