Tessu Vrs Sakah [2023] GHADC 549 (13 January 2023)

Tessu Vrs Sakah [2023] GHADC 549 (13 January 2023)

There was a valid contract between the parties, and the defendant breached it by not performing the agreed work within a reasonable time. However, the parts in question were eventually fixed, so specific performance is not available. Both parties contributed to the delay and resulting damages, so they are to share the cost of replacing corroded parts equally and bear their own costs.

Citation
[2023] GHADC 549
Parties
Plaintiff: Prophet Emmanuel Tessu; Defendant: Kodzo Sakah
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 January 2023
Procedural Posture
Civil / Judgment
Outcome
Partly allowed
Legal Topics
Breach of Contract, Specific Performance, Damages, Burden of Proof
Source Language
English
Contract Law Breach of Contract Specific Performance Damages Burden of Proof

Case Brief

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Parties

Prophet Emmanuel Tessu

Plaintiff

Kodzo Sakah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was an agreement between the parties for the defendant to do bodyworks on the plaintiff's vehicle
  2. 2 Whether the defendant breached the agreement by failing to undertake the bodyworks despite receiving payment

Ratio Decidendi

There was a valid contract between the parties, and the defendant breached it by not performing the agreed work within a reasonable time. However, the parts in question were eventually fixed, so specific performance is not available. Both parties contributed to the delay and resulting damages, so they are to share the cost of replacing corroded parts equally and bear their own costs.

Court Disposition

Partly allowed

Orders

  • Court expert to estimate cost of replacing corroded parts; parties to share cost equally
  • Each party to bear their own costs