Assanful Vrs Ashia [2023] GHADC 234 (28 March 2023)

The defendant breached the oral agreement by failing to supply the cocoa beans or refund the GHc8,000, entitling the plaintiff to recover the amount paid.

Citation: [2023] GHADC 234
Parties: Plaintiff: Stephen Assanful; Defendant: Kwame Ashia
Court: District Court
Jurisdiction: Ghana
Judgment Date: 28 March 2023
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiff
Legal Topics: Breach of Contract, Oral Agreements, Burden of Proof, Remedies
Source Language: English

Contract Law Breach of Contract Oral Agreements Burden of Proof Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Assanful

Plaintiff

Kwame Ashia

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff gave the defendant GHc8,000 pursuant to an oral contract to buy cocoa beans for him
2 Whether the defendant failed to buy the cocoa beans and also failed to return or refund the plaintiff’s money despite repeated demands

Ratio Decidendi

The defendant breached the oral agreement by failing to supply the cocoa beans or refund the GHc8,000, entitling the plaintiff to recover the amount paid.

Court Disposition

judgment for the plaintiff

Orders

The defendant shall pay GHc8,000 to the plaintiff.
The defendant shall pay costs of GHc1,500 to the plaintiff.