Ghana Case Law

FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23)

FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23) [2024] GHADC 375 (30 April 2024)

Court

ghadc

Defendant failed to prove on the balance of probabilities that plaintiff negligently failed to replace the old engine or supply a fit for purpose engine, or caused further damage. Defendant did not reject the engine or repairs in a timely manner and continued to use and negotiate for further repairs, thereby waiving rights to reject. Plaintiff proved entitlement to recovery for spare parts and workmanship, less unrelated items, with interest and costs. Counterclaim dismissed.

Source excerpt

• Breach of contract
• Negligence
• Implied conditions in sale of goods
• Burden of proof
• Damages
• Interest

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FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23)

FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23) [2024] GHADC 90 (30 April 2024)

Court

ghadc

The court partly upheld Fatlas Motors’ claim for unpaid repair costs and dismissed the health directorate’s counterclaim over an alleged defective engine.

• Breach of contract
• Negligence
• Implied terms
• Sale of goods
• Burden of proof
• Breach-of-contract

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FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23)

FATLAS MOTORS VRS SALAGA DISTRICT HEALTH DIRECTORATE (A2/85/23) [2024] GHADC 371 (30 April 2024)

Court

ghadc

Defendant failed to prove on the balance of probabilities that plaintiff negligently failed to provide a fit for purpose engine or caused further damage. Defendant did not reject the engine or parts in a timely manner and continued to use and request further repairs, thereby waiving any right to reject. Plaintiff proved entitlement to recovery of GHS15,230.00 (after deduction of unrelated items), interest, and costs. Defendant's counterclaim fails.

Source excerpt

• Breach of contract
• Negligence
• Implied conditions in sale of goods
• Burden of proof

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ELIJAH VRS KWADWO (C2/22/23)

ELIJAH VRS KWADWO (C2/22/23) [2023] GHACC 977 (2 November 2023)

Court

Circuit Court

Case number

C2/22/23

The Circuit Court at Techiman held that the defendant lawfully rejected defective lumber and owed only GHS 560, with an order to make the lumber available.

• Rejection of goods
• Burden of proof
• Damages
• Sale-of-goods
• Rejection-of-goods
• Burden-of-proof

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Appiah Vrs Frimpong

Appiah Vrs Frimpong [2023] GHADC 651 (12 July 2023)

Court

District Court

The court held that the buyer proved a latent defect in the vehicle and was entitled to recover the outstanding GH¢10,000, plus interest and costs.

• Latent defects
• Burden of proof
• Agency
• Remedies for breach of contract
• Sale-of-goods
• Latent-defects

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Daniel Vrs Osofo

Daniel Vrs Osofo [2023] GHADC 174 (19 June 2023)

Court

District Court

The District Court held the defendant liable for the unpaid balance on a used tricycle sale, finding no proven repair agreement and no timely rejection.

• Sale of used goods
• Caveat emptor
• Repudiation of contract
• Delay in rejection
• Remedies for breach of contract
• Sale-of-goods

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Teye Emmanuel Mensah Vrs Abraham Dadson

Teye Emmanuel Mensah Vrs Abraham Dadson [2023] GHACC 149 (25 January 2023)

Court

Circuit Court

The defendant admitted the supply of goods and part-payment, leaving an outstanding balance of GH₵6,208.90. The defendant's claim of set-off fails as the plaintiff did not owe a reciprocal debt, and the goods were seized without the defendant's consent. The plaintiff is entitled to recover the outstanding balance with interest and costs. The defendant's counterclaim is dismissed.

Source excerpt

• Debt recovery
• Set-off
• Lien
• Interest on judgment debt

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Osei Vrs Awortwe

Osei Vrs Awortwe [2023] GHADC 400 (20 January 2023)

Court

District Court

The District Court held that the seller breached the sale contract by supplying a defective mower with latent faults and ordered replacement or refund plus costs.

• Breach of contract
• Implied conditions
• Fitness for purpose
• Damages
• Sale-of-goods
• Breach-of-contract

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Kwasi Osafo Danquah Vrs Asamoah Mensah & Anor.

Kwasi Osafo Danquah Vrs Asamoah Mensah & Anor. [2023] GHACC 146 (12 January 2023)

Court

Circuit Court

The Circuit Court held that the defendants were jointly liable to refund the plaintiff’s GH₵10,000 deposit and pay interest and costs.

• Breach of contract
• Refund of purchase price
• Implied terms
• Delivery of goods
• Sale-of-goods
• Contract-law

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Kwasi Osafo Danquah Vrs Asamoah Mensah & Anor.

Kwasi Osafo Danquah Vrs Asamoah Mensah & Anor. [2023] GHACC 147 (12 January 2023)

Court

Circuit Court

The Circuit Court in Tema held that a vehicle sale agreement existed, but the plaintiff only recovered his GH₵10,000 deposit, with interest and costs.

• Purchase agreement
• Refund of deposit
• Breach of contract
• Implied conditions
• Delivery of goods
• Sale-of-goods

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