ABDUL FATTAH ALAWA VS REBECCA ADZO AZAGLO & PROSPER KWAME AZAGLO
2024
HIGH COURT
GHANA
CORAM
- LORDSHIP JUSTICE GEORGE BUADI
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case is a civil appeal against a decision of the District Court which dismissed the plaintiff's claims for disconnection of electricity and related damages. The plaintiff, dissatisfied with the trial court's decision, argued that it was against the weight of evidence and raised issues with certain findings and awards. The High Court analyzed the evidence and legal principles, ultimately dismissing the appeal and upholding the trial court's decision, concluding that the plaintiff failed to meet the required burden of proof for his claims, especially for special damages.
1 This is a civil appeal against the decision of the District Court, Dzodze dated 4 April 2023 that dismissed the plaintiff/appellant’s suit for an amended claim for “[a]n amount of GH¢50, 000 for disconnecting of electricity to his roomand for costs.
In his 8-page judgment, after a full trial, the learned trial magistrate dismissed the plaintiff appellant’s claims for lack of requisite proof.
The magistrate held that: Since the plaintiff in his evidence merely repeated his averments in his statement of claim, that claim had not been cogently proved.
Even if it is assumed that the electricity to his room was disconnected for no reasonable cause, the plaintiff as a businessman ought to have mitigated his loss by making use of other alternatives to keep his phone active.
In the circumstances, the plaintiff’s reliefs are accordingly dismissed.
General damages will also not be granted since the evidence does not satisfy the grounds for such a grant.
2 Dissatisfied with the decision of the trial court, the plaintiff on 12 April 2023 just a week after the judgment filed this appeal, claiming that: a The Judgment is against the weight of evidence.
b The trial Magistrate erred in holding that the Defendants have discharged the onus of proof and thereby awarding [defendants]judgment.
c The trial Magistrate erred in dismissing the Plaintiff’s claims even though during cross-examination, the Defendants were found wanting d The trial Magistrate erred in awarding GH500. 00 against the Plaintiff.
3 The plaintiff/appellant indicated in his notice of appeal to file further grounds of appeal “upon the receipt of the record of proceedings”. Indeed, he filed a process he naively titled “[f]urther grounds of statement of case”1, a 2-page 8-paragraph document.
By its nature, it cannot be a ‘further grounds of appeal’; neither can it be ‘a statement of case’, properly so-called, as the appellant is unrepresented by a lawyer.
There was no objection to the nature, style, and description of the process; whether it is further grounds of appeal or a statement of case.
4 Since the appellant is unrepresented by counsel, coupled with s. 178(2)of the Evidence Act, 1975 (NRCD 323) that provides that when a court is faced with deciding whether and to what extent to exercise its power of admissibility, particularly in respect of a party that is without legal representation the court shall fairly and justly construe and apply provisions of the Act, I shall within the conte