Acquaye v Kofi (/A11/07/2023) [2025] GHADC 161 (3 June 2025)

Acquaye v Kofi (/A11/07/2023) [2025] GHADC 161 (3 June 2025)

The work and pay agreement was not enforceable by the defendant due to lack of a written, signed contract as required by statute. The plaintiff, having not paid 50% of the vehicle price, was not entitled to recover instalments but could recover the security deposit and specific sums paid. The defendant failed to prove defamation as he did not establish falsity or publication of the alleged statements.

Citation
[2025] GHADC 161
Parties
Plaintiff: Samuel Teiko Acquaye; Defendant: Samuel Osei Kofi
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 June 2025
Case Number
/A11/07/2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff in part; defendant's counterclaim dismissed.
Legal Topics
Hire Purchase, Work and Pay Agreements, Breach of Contract, Defamation
Source Language
English
Contract Law Tort Law Hire Purchase Work and Pay Agreements Breach of Contract Defamation

Case Brief

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Parties

Samuel Teiko Acquaye

Plaintiff

Samuel Osei Kofi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there is an enforceable work and pay agreement between the plaintiff and the defendant
  2. 2 Whether the alleged words are defamatory in nature to have lowered the reputation of the defendant

Ratio Decidendi

The work and pay agreement was not enforceable by the defendant due to lack of a written, signed contract as required by statute. The plaintiff, having not paid 50% of the vehicle price, was not entitled to recover instalments but could recover the security deposit and specific sums paid. The defendant failed to prove defamation as he did not establish falsity or publication of the alleged statements.

Court Disposition

Judgment for the plaintiff in part; defendant's counterclaim dismissed.

Orders

  • Defendant to pay plaintiff GHC9,200.00 being security deposit, control board sum, and last weekly instalment.
  • Defendant to pay costs of GHC1,000.00 to plaintiff.