AGYEI VRS AWUTA & ANOTHER (A2/276/2024) [2024] GHADC 644 (20 December 2024)

AGYEI VRS AWUTA & ANOTHER (A2/276/2024) [2024] GHADC 644 (20 December 2024)

Plaintiff failed to prove on a balance of probabilities that defendants’ cattle caused the alleged damage to his crops, as he did not call material witnesses, relied on hearsay, and provided no corroborative evidence.

Citation
[2024] GHADC 644
Parties
Plaintiff: Takpa Agyei; 1st Defendant: Ali Awuta; 2nd Defendant: Diboh Fulani
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 December 2024
Case Number
A2/276/2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff’s case dismissed
Legal Topics
Damage to Crops, Liability for Animals, Burden of Proof
Source Language
English
Tort Property Damage to Crops Liability for Animals Burden of Proof

Case Brief

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Parties

Takpa Agyei

Plaintiff

Ali Awuta

1st Defendant

Diboh Fulani

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether defendants’ cattle caused damage to plaintiff’s crops

Ratio Decidendi

Plaintiff failed to prove on a balance of probabilities that defendants’ cattle caused the alleged damage to his crops, as he did not call material witnesses, relied on hearsay, and provided no corroborative evidence.

Court Disposition

Plaintiff’s case dismissed

Orders

  • Plaintiff’s suit dismissed
  • Plaintiff to pay costs of GH¢2,000.00 to defendants