HASSAN MOHAMMED vs ABDUL RAZAK MUSAH
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA ROSETTA BERNASKO ESSAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sued Defendant for damages concerning the wrongful rental and abandonment of an excavator, resulting in financial losses. Defendant denied claims, made counterclaims, and successfully proved entitlement to a refund of GH¢6,000 plus interest, citing payments and contractual agreements. The court dismissed Plaintiff's claims due to non-attendance and ruled in favor of the Defendant.
This is a judgment on a counterclaim by Defendant in a suit commenced against him by the Plaintiff on 11th March 2014. By way of background, the parties allege they are businessmen in Accra.
Plaintiff alleged that Defendant rented his excavator machine and paid GH¢14, 000 for the first ten days with the understanding that he will pay more if he uses the excavator for more days for small scale mining operation.
That Defendant had assured him that he had permit to mine at Akwatia.
However that just after the arrival of the excavator in Akwatia site the police confiscated the excavator with the charge that Defendant had no permit to operate at the site.
That Plaintiff had to pay GH¢8, 000 to the Akwatia police for the release of the excavator.
That Defendant then transported the excavator which was in his possession to Bekwai and rented it out to another person named Akwasi without Plaintiff’s consent.
That the excavator was again confiscated by the Bekwai police and Plaintiff had to pay GH¢3, 000 for its release.
That Defendant then abandoned the excavator at Bekwai for 165 days.
Plaintiff paid GH¢7, 000 to transport the excavator from Bekwai to Accra.
That Defendant has caused him enormous loss of income for the 165 days that he abandoned the excavator and all attempts to get Defendant to pay for the cost incurred as a result of his illegal mining have proved futile.
He claimed payment of the GH¢15, 000 being the amount paid to the police for the release of the excavator; and an order for payment of GH¢231, 000 being income lost for the 165 days when the excavator was abandoned at Bekwai by the Defendant; interest; costs Defendant in his amended statement of defence vehemently denied the claim of Plaintiff.
He averred that he paid GH¢7, 500 for 5 days and a pay in slip was given to him by the Plaintiff in proof.
He denied that he had said he had a permit to mine at Akwatia or that the excavator was confiscated.
That he had paid GH¢9, 000 to Plaintiff’s agent one Nuhu and so Plaintiff was aware the Defendant had control of the machine for additional number of days.
That he paid a further GH¢7, 500 to Plaintiff through Nuhu.
He claimed that Plaintiff surreptitiously started dealing with his clients to his detriment despite his caution to the Plaintiff was not to rent out the machine to his clients at Bekwai on credit basis.
That as a result he has suffered financial disadvantage because of the Plaintiff behaviour.
That he owes no money to the