KASIM VRS ADAMS (C11/10/2023) [2024] GHACC 108 (11 January 2024)

KASIM VRS ADAMS (C11/10/2023) [2024] GHACC 108 (11 January 2024)

Damages awarded based on the difference between contract price (Ghc 15.00 per lumber) and current market price (Ghc 17.00 per lumber) for 1,900 pieces not supplied, as specific performance is not equitable given impossibility of supply.

Citation
KASIM VRS ADAMS (C11/10/2023) [2024] GHACC 108 (11 January 2024)
Parties
Plaintiff: Zeinabu Kasim; Defendant: Iddrisu Adams
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 January 2024
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Sale of Goods, Damages, Specific Performance
Source Language
eng
Contract Law Breach of Contract Sale of Goods Damages Specific Performance

Case Brief

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Parties

Zeinabu Kasim

Plaintiff

Iddrisu Adams

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the contract for supply of lumber
  2. 2 Whether the plaintiff is entitled to damages or specific performance
  3. 3 How damages should be computed for breach of contract

Ratio Decidendi

Damages awarded based on the difference between contract price (Ghc 15.00 per lumber) and current market price (Ghc 17.00 per lumber) for 1,900 pieces not supplied, as specific performance is not equitable given impossibility of supply.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff Ghc 3,800.00 as damages for price difference on 1,900 pieces of lumber.
  • Defendant to pay plaintiff Ghc 28,500.00 representing price of lumber not supplied.