DJAMINE AND ANOTHER VRS. DJAMINE AND ANOTHER (A2/19//2023) [2023] GHADC 1081 (15 June 2023)

DJAMINE AND ANOTHER VRS. DJAMINE AND ANOTHER (A2/19//2023) [2023] GHADC 1081 (15 June 2023)

The 2nd Defendant failed to account for the insurance funds, did not provide evidence of alleged expenses, and managed the funds solely for his benefit. The Plaintiffs are entitled to recover the value of the vehicle purchased with the funds or its equivalent in cash.

Citation
[2023] GHADC 1081
Parties
Plaintiff: Tetteh Djamine; Plaintiff: Popolampo Regina; Defendant: Kofei Djamine; Defendant: Kotey Djamine
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 June 2023
Case Number
A2/19//2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiffs against the 2nd Defendant
Legal Topics
Burden of Proof, Recovery of Insurance Benefits, Misappropriation of Funds
Source Language
English

Case Brief

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Parties

Tetteh Djamine

Plaintiff

Popolampo Regina

Plaintiff

Kofei Djamine

Defendant

Kotey Djamine

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the Plaintiffs are entitled to recover the insurance benefits from the Defendants

Ratio Decidendi

The 2nd Defendant failed to account for the insurance funds, did not provide evidence of alleged expenses, and managed the funds solely for his benefit. The Plaintiffs are entitled to recover the value of the vehicle purchased with the funds or its equivalent in cash.

Court Disposition

Judgment for the Plaintiffs against the 2nd Defendant

Orders

  • 2nd Defendant to recover the vehicle or pay GHC28,000.00 to the Plaintiffs
  • 2nd Defendant to pay costs of GHC1,000.00 to the Plaintiffs