GEORGE MENSAH TETTEH VS VERY REV. GEORGE MENSAH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANAPARE A. BARTELS-KODWO (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a building contractor, sought to recover unpaid labor charges from the Defendant, who counterclaimed for payment for cement and stolen materials. The court found that both parties failed to establish their claims with the necessary evidentiary support. Key legal principles addressed included the burden of proof in civil cases, the effect of failing to cross-examine on material facts, and the principles surrounding repudiation in building contracts. The Plaintiff's claim was dismissed due to inconsistent figures and incomplete work, while the Defendant's counterclaim was dismissed due to lack of evidence.
By a Writ of Summons and a Statement of Claim the Plaintiff a building contractor sued the Defendant a Reverend Minister for the following reliefs:
1. The sum of Fifteen Thousand and Twenty-Six Ghana Cedis (GHȼ15, 026. 00) being the unpaid balance of the amount due the Plaintiff for work the Plaintiff did for the Defendant.
2. Interest on the said amount from December, 2011 to date of final payment.
3. General Damages for breach of contract.
4. Costs including solicitors fees 5. And any other order(s) that the Court may deem just. The Defendant filed his defence and counter claimed as follows: 1. Payment for One Hundred and Twenty (120) bags of cement together with handling costs at the current market value of One Hundred and Ninety Ghana Cedis (GHȼ190. 00)which was Twenty One Thousand Eight Hundred and Fifty Ghana Cedis(GHȼ21, 850. 00) as at 24th March, 2011. 2. Refund of the stolen items like iron rods, sawn lumber, binding wire and nails of various sizes estimated at One Thousand Ghana Cedis (GHȼ1, 000. 00) which sums up to Twenty Two Thousand Eight Hundred and Fifty Ghana Cedis (GHȼ22, 850. 00)3. Interest on the above amount from 24th March, 2011 till date of payment.
4. General damages.
5. Costs including solicitors’ fees.
It is Plaintiff’s case that the Defendant contracted him to construct a dwelling house for him at Kpone, near Tema.
It was agreed that the Defendant would provide the building materials as and when they were needed and the Plaintiff would give an invoice to the Defendant for each particular work to be done giving him the cost of materials and labour.
According to the Plaintiff he gave a detailed invoice to the Plaintiff covering the scope of work to be done.
This detailed the work to be done at various stages and it was agreed that the Defendant when satisfied with each invoice would give the go ahead for the work to be carried out then effect payment.
The Plaintiff contended that the Defendant procured the building materials himself each time work had to be done.
Plaintiff averred that his total labour charges of invoices given out came to Thirty Five Thousand Seven Hundred and Twenty-Six Ghana Cedis (GHȼ35, 726. 00). Upon the Defendant’s go ahead work started in earnest as outlined on the invoices.
He received Twenty Thousand Seven Hundred Ghana Cedis (GHȼ20, 700. 00) from the Defendant out of the total amount earlier referred to and was left with a balance of Fifteen Thousand and Twenty-Six Ghana Cedis (GHȼ15,