BEATRICE BEDUA ABOAGYE VS MACLOYD SEKYI KWARTENG KWABENA & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE R. B. BATU (J)
Areas of Law
- Contract Law
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff rented her property to the Defendants and later claimed negligence on the part of the Defendants caused a fire, damaging the garage. Plaintiff sought damages and restoration of her property. The Defendants denied tampering with the electrical system. The court found that the Plaintiff failed to present sufficient evidence proving the Defendants' responsibility for the fire. Plaintiff's claims were dismissed, with the court emphasizing the need for adequate proof to substantiate allegations of negligence.
The claim of the Plaintiff against the Defendants is:
“(a) A declaration that the fire that gutted Plaintiff’s unnumbered house situate at Kwabenya – Atomic Stores, Accra was as a result of the Defendants negligence.
b) An order directed at the Defendants to restore the burnt out portions of the Plaintiff’s property to the state in which it was before fire gutted the said property which is described in (a) above or in the alternative, an order directed at Defendants to reimburse Plaintiff for any sum expended on Plaintiff restoring the said property as described in (a) above as a result of the fire outbreak.
c) General Damages(d) Costs(e) Any other relief(s) that this Honourable Court deems just and equitable.
On 5th May 2012, the parties entered into a tenancy agreement, Exhibit “H” by which the Plaintiff let her five bedroom house situate at Peacock close, near Regimanuel Estates, North Taifa, Atomic – Kwabenya to the first Defendant for two (2) years.
The Plaintiff then travelled out of the country but returned earlier then she had scheduled to return.
Some bad blood developed between the Plaintiff and the Defendants over the Plaintiff’s attempt to inspect the premises.
In the afternoon of 1st February 2012, fire broke out in the house.
From the evidence, the fire started in the garage in the house and caused damage which was confined to the garage area.
The Plaintiff also claimed that her personal effects which she had kept in a room within the garage area were also destroyed.
Plaintiff put in evidence thee exhibit “C” series some of which show the damage and exhibit “D”, a video clip showing the damage.
The Plaintiff claims that the fire was caused by the Defendants use of a power generator in the house.
This, the Defendants deny contending that their use of the generator was independent of the electrical wiring in the house.
Their contention is that the generator was never used in the garage but kept outside and gadgets in the living room in the house were connected to it through an extension board.
The issues settled as helping to resolve the dispute between the parties were: (a) Whether or not the Defendants tampered with the main electricity metering system of the property.
b) Whether or not the Defendants are liable for the extensive damage caused to the fixtures and fittings as well as the personal belongings of the Plaintiff.
c) Whether or not the fire outbreak was as a result of the negligence of the Defendants.
d) Any other i