ANSAH VRS. EDUBOAH AND OTHERS (E2/168/2018) [2024] GHAHC 179 (26 June 2024)

ANSAH VRS. EDUBOAH AND OTHERS (E2/168/2018) [2024] GHAHC 179 (26 June 2024)

1st to 4th defendants admitted taking plaintiff's vehicle without consent and causing accident; admissions and lack of evidence to the contrary establish liability for damages and repair, but plaintiff failed to prove loss of use or damage beyond economic repair; 5th defendant not liable due to lack of involvement.

Citation
ANSAH VRS. EDUBOAH AND OTHERS (E2/168/2018) [2024] GHAHC 179 (26 June 2024)
Parties
Plaintiff: Vincent Ansah; Plaintiff Attorney: Jonathan Ansah; Defendant: Jerry John Eduboah; Defendant: Richard Brown Batsa; Defendant: Ebenezer Teye Koko; Defendant: Michael Coffie Quarshie; Defendant: Musah Ayiku
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 June 2024
Procedural Posture
Civil / Final Judgment
Outcome
judgment in part for plaintiff
Legal Topics
Conversion, Damages, Burden of Proof, Admissions, Good Faith
Source Language
eng
Tort Contract Conversion Damages Burden of Proof Admissions Good Faith

Case Brief

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Parties

Vincent Ansah

Plaintiff

Jonathan Ansah

Plaintiff Attorney

Jerry John Eduboah

Defendant

Richard Brown Batsa

Defendant

Ebenezer Teye Koko

Defendant

Michael Coffie Quarshie

Defendant

Musah Ayiku

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether defendants took and used plaintiff's vehicle without consent
  2. 2 Whether defendants are liable for damages to plaintiff's vehicle
  3. 3 Whether plaintiff's vehicle was damaged beyond economic repair

Ratio Decidendi

1st to 4th defendants admitted taking plaintiff's vehicle without consent and causing accident; admissions and lack of evidence to the contrary establish liability for damages and repair, but plaintiff failed to prove loss of use or damage beyond economic repair; 5th defendant not liable due to lack of involvement.

Court Disposition

judgment in part for plaintiff

Orders

  • 1st to 4th defendants jointly and severally to pay GH¢40,000.00 with interest from 8th April 2017 until final payment
  • 1st to 4th defendants jointly and severally to repair the bulk to pre-accident state