ISAAC ASSAW GYABENG v. LIMERICA GHANA LTD

The Plaintiff claims against the Defendant Company for GH₵ 20,000 being Cost of 4

rooms the defendant destroyed, and general damages of GH₵ 20,000 for use of

Plaintiff’s lands for their business.

It is the case of the plaintiff that he used to live at Sefwi Proso and established a private

school at Kofikrom. That when his school reached Junior High School (JHS), He built

3 rooms and an office to accommodate the students but he could not complete the JHS

building. That sometime later the defendant company which was constructing a road

from Kofikrom to kwasikrom pulled down the uncompleted JHS building without his

knowledge and concern and deposited chippings there.

That he took various steps including taking the defendant Company to CHRAJ to seek

compensation from them, and eventually there was agreement between them that the

defendant Company would leave a double Axle truck load of chippings on the land

for him, supplied him with 10 trips of sand with the double Axle truck, supplied him

with 50 bags of cement, and paid him GH₵ 3000.00 in respect of the expenses he made

when he took them to CHRAJ. The Plaintiff said the defendant Company later paid

the GH₵ 3000 but failed to abide by the rest of the terms of agreement. So he was

claiming GH₵ 20,000 for pulling down his uncompleted building and 20,000 Ghana

Cedis for general damages for using his land to do their work.

Although the defendant Company failed to appear in court to put up a defence the

Onus is on the Plaintiff who is making claim to prove his case.

The issues for determination therefore are;

1. Whether or not the Defendant Company is liable to pay 20,000 Ghana Cedis for

pulling down Plaintiff uncompleted building.

2. Whether or not the Defendant Company is liable to pay general damages of 20,000

Ghana Cedis for using Plaintiff’s land for their work.

3. Whether or not the Plaintiff is entitled to obtain equitable relief.

ISSUE 1: Whether or not the Defendant Company is liable to pay 20, 000.00 Ghana

Cedis for pulling down Plaintiff uncompleted building.

On this issue, the Plaintiff did not lead evidence to establish that his uncompleted

building cost 20,000 Ghana Cedis. Again, the Plaintiff said at a meeting with the

Defendant Company representatives together with the elders of Kofikrom he

mentioned 25,000 Ghana Cedis as the amount of money he would take for the

destruction of his building. That the Company representatives told him that he had to

inform the Com