SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL (A2/56/23) [2024] GHADC 30 (22 January 2024)

SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL (A2/56/23) [2024] GHADC 30 (22 January 2024)

Plaintiff failed to prove that servicing costs for water tankers were within the contemplation of 1st defendant or formed part of the oral contract. Defendants are not liable for special damages. Plaintiff is entitled only to recover GHS35,000.00 for water supplied, plus interest at prevailing bank rate from August 2022 until payment.

Citation
SIMILERS ENTERPRISE LIMITED VRS THE TOLON DISTRICT HOSPITAL (A2/56/23) [2024] GHADC 30 (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 Contracts, Special Damages, Burden of Proof, Expectation Damages, Interest on Judgment Debt
Source Language
eng
Contract Law Commercial Law Oral Contracts Special Damages Burden of Proof Expectation Damages Interest on Judgment Debt

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 the 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 for water tankers were within the contemplation of 1st defendant or formed part of the oral contract. Defendants are not liable for special damages. Plaintiff is entitled only to recover GHS35,000.00 for water supplied, plus interest at prevailing bank rate from August 2022 until payment.

Court Disposition

judgment for plaintiff in part

Orders

  • Plaintiff to recover GHS35,000.00 from 1st defendant for water supplied.
  • 1st defendant to pay interest on GHS35,000.00 at prevailing bank rate from August 2022 until final payment.