BENJAMIN ACHEAMPONG VS VINMAR GHANA LIMITED & ANR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE- AGYEI, J (MRS.)
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff claimed $189,000 for damages caused by the defendant's occupancy of a rented house. The defendant disputed the claims, arguing natural wear and tear and poor construction were to blame. The court held the defendants partly liable, awarding the plaintiff $40,000 for renovation and furnishings, factoring in depreciation and wear and tear.
The Plaintiff issued on 02/12/ 13, a Writ of Summons and Statement ofClaim against the Defendant for the following reliefs a. An order for the payment of Special damages in the sum of ONE HUNDRED AND EIGHTY-NINE THOUSAND UNITEDSTATES DOLLARS (USD 189, 000) or its Cedi equivalent at theprevailing rate of exchange of the United States Dollars to the Cedi COMMERCIAL COURT 8 being the total cost of replacing the lost or destroyed furnishes andrenovating the entire house b. General Damages for breach of contractc.
Costs On 20/11/14, an Amended Writ of Summons claiming the same reliefs, was filed against the Defendants as there was now a 2nd Defendantincluded, being the parent company of 1st Defendant.
The Defendant Entered Appearance to the suit on 10/12/2013 and filedits Defence on15/01/2014. The 2nd Defendant who was served outsidethe jurisdiction did not respond to the process before the Court.
Later, 1st Defendant’s new Lawyer who took over the suit after the Plaintiffhad closed his case obtained leave of the Court to amend the Defenceand the Defendants filed an Amended Statement of Defence on15/06/15. The Plaintiff’s new Lawyer also responded by filing anAmended Reply on 23/06/15. The Issues set down by the Pre-trial Judge at the close of Pleadingsbefore the various Amendments were as follows; 1. Whether or not the Defendants are liable to the claim for the replacement of lost or destroyed furnishings in Plaintiff’s Premises 2. Whether or not the deterioration in the Plaintiff’s premises was due to sub-standard wood used in construction or due to Defendants employee’s act of burying his dog on the premises 3. Whether or not the lack of maintenance on Plaintiff’s part resulted in the present rapid dilapidation of the house 4. Whether or not Plaintiff is entitled to his claims The Plaintiff’s case is as contained in his Pleadings, and in the evidencein Court given by his lawful Attorney and two witnesses.
According tothe Plaintiff, he is the lawful owner of House number 5 Adzoate Street, COMMERCIAL COURT 8 Osu R. E, Accra.
Plaintiff says he completed construction of the housein or around 2002, some 12 years ago under his personal supervision.
Plaintiff avers in his Pleadings that he built his house with 40% woodand 60% sandcrete.
The Plaintiff avers further in paragraph 14 of hisAmended Reply that he had lived in the said house for almost five yearsbefore renting it out to the Defendants in 2005. Plaintiff’s TenancyAgreement with the Defendants was fo