FRANCIS BOBIE VS CARLOS G. MATTOUK
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant for breach of contract and damages after the Defendant failed to pay for four puppies and caused the Plaintiff's false arrest. The Defendant did not respond to the lawsuit. The court awarded the Plaintiff GH¢9,200.00 and interest, plus GH¢2,500.00 in general damages, but denied special damages due to lack of specificity and evidence.
On the 5th of April, 2018, the Plaintiffs instituted the instant action against the Defendant for the following reliefs:
a. An order for the payment of an amount of GH¢9,200.00.
b. Interest on the said amount at the prevailing commercial bank rate from 15th February, 2018, till the date of final payment.
c. Damages for breach of contract.
d. Damages for causing the arrest of the Plaintiff, for time off work being under arrest at the Police Station, and for cost of transportation and police report fees.
e. Costs.
The plaint of the Plaintiffs is contained in paragraphs 2 to 9 of the Statement of Claim, a summation of which is as follows: According to the Plaintiff, sometime in 2016, he purchased a Rottweiler bitch from the Defendant. That sometime in October, 2017, the bitch gave birth to five puppies, following which he offered to the Defendant the first option to purchase four of the puppies. The Plaintiff avers that the Defendant agreed to purchase each of the four puppies at a cost of GH¢2,300.00. According to the Plaintiff, subsequently, on or about the 3rd of December, 2017, the parties signed a definitive agreement to that effect. The Plaintiff avers further that the said agreement required the Defendant to take full responsibility for the puppies upon delivery and to pay a total amount of GH¢9,200.00 to the Plaintiff before the 14th of February, 2018.
It is the Plaintiff’s case that although the Defendant took delivery and full responsibility of the puppies, he has refused to pay the amount due despite repeated demands for the same. According to the Plaintiff, instead of the Defendant settling his obligations to him, the Defendant, in order to protract matters, caused his arrest on grounds of a false complaint he made to the Achimota Police Station on or about 27th February, 2017. The Plaintiff says that at the Police station, the Defendant admitted owing the Plaintiff yet he stated blatantly in the presence of the police officer that he would not pay the money.
The Plaintiff concludes by saying that the Defendant’s failure to pay the amount due is what has necessitated the instant action for the reliefs endorsed on the Writ of Summons and Statement of Claim. The records before this Court show that the Writ of Summons and Statement of Claim were served personally on the Defendant on 14th April, 2018. Also, from the records of the Court, the Defendant has to date failed to enter appearance to the Plaintiff’s action as required under the Rules