SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL & ANOTHER (A2/56/23) [2024] GHADC 386 (22 January 2024)

SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL & ANOTHER (A2/56/23) [2024] GHADC 386 (22 January 2024)

Plaintiff failed to prove that servicing costs were within the contemplation of 1st defendant or formed part of the oral contract; only water supplied was admitted and recoverable. Special damages claim fails due to lack of corroboration and notice to defendant.

Citation
SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL & ANOTHER (A2/56/23) [2024] GHADC 386 (22 January 2024)
Parties
Plaintiff: Similers Enterprise Limited; 1st Defendant: Tolon District Hospital; 2nd Defendant: Attorney General
Court
ghadc
Jurisdiction
Ghana
Judgment Date
22 January 2024
Procedural Posture
Commercial Contract / Final Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Oral Contract, Special Damages, Burden of Proof, Damages, Interest, Termination of Contract
Source Language
eng
Contract Law Commercial Law Oral Contract Special Damages Burden of Proof Damages Interest Termination of Contract

Case Brief

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Parties

Similers Enterprise Limited

Plaintiff

Tolon District Hospital

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Commercial Contract / Final Judgment

Legal Issues

  1. 1 Whether parties contracted for plaintiff to service its tankers for supply of water, obligating 1st defendant to pay for servicing
  2. 2 Whether 1st defendant is liable to pay special damages assessed at GHS247,583.00

Ratio Decidendi

Plaintiff failed to prove that servicing costs were within the contemplation of 1st defendant or formed part of the oral contract; only water supplied was admitted and recoverable. Special damages claim fails due to lack of corroboration and notice to defendant.

Court Disposition

judgment for plaintiff in part

Orders

  • Plaintiff to recover GHS35,000.00 from 1st defendant for water supplied
  • Interest on GHS35,000.00 at prevailing bank rate from August 2022 till date of final payment