ISAAC KWABENA BOAKYE v. ELVIS AMOAH
2016
HIGH COURT
GHANA
CORAM
- JENNIFER DODOO (MRS) JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a Germany resident, sued the Defendant, an ex-policeman, for failing to complete a plastering job despite receiving €25,000 as payment. The Defendant argued he was contracted to construct the building and be compensated with a new Nissan Navara pickup and €25,000, which he claimed was never paid. The court evaluated the oral contract and found in favor of the Plaintiff, ordering the Defendant to refund the €25,000 with interest and additional costs. The Defendant's counterclaims were dismissed due to insufficient evidence.
JUDGMENT
On 6th November 2013, the Plaintiff caused a writ of summons to be issued out of the
Registry of this court claiming against the Defendant, the following reliefs:
a) Payment of the sum of €25,000.00 or its Ghana Cedi equivalent being the total cost advanced to the Defendant in respect of the said plastering works on the two-three storey buildings
b) Interest on (a) at the prevailing commercial rate with effect from August 10, 2011.
c) Costs
d) Any other relief that the Honourable Court may deem fit.
It was the Plaintiff’s case as set forth in his Statement of Claim that he was a resident of Germany and the owner of two three storey buildings in Accra. He had entered into an oral contract with the Defendant, an ex policeman and contractor to have these buildings plastered
According to the Plaintiff, the Defendant presented him with an estimated cost of €25,000.00. He then transferred an initial amount of €1,500.00 and later transferred the outstanding balance to the Defendant. The Defendant had failed to carry out his obligations.
The Defendant stated in his defence that the Plaintiff contracted him to work not on three two storey buildings but on three, three storey buildings. The Defendant said the parties entered into an oral contract in which they agreed that as his contract fee, the Plaintiff was to purchase for him a brand new Nissan Navara pick up/ They further agreed that while Plairtiff was to provide all the building material, the Defendant was to provide for and pay all the workers on site. The Defendant stated that he carried out his part of the bargain by putting up the three-three storey building and roofing them. The contract fee for this venture was pegged at €25.000.00
He stated that the Plaintiff only transferred the sum total of €2.500.00 and instructed the Defendant to purchase land at Adenta with the money. He said the Plaintiff had however failed to pay his contract fee in spite of the fact that he had made many demands for it. He said he tracvelled to Germany to demand for his money and the Plaintiff only gave him €200.
In view of this, the Defendant made a counterclaim against the Plaintiff for the following reliefs:
1. Recovery of an amount of GH¢70,000.00 being the Defendant’s contract fee for building the three-three storey buildings at Atomic Accra, and a three storey building in Sunyani.
2. Interest at the prevailing commercial bank rate on the GH¢70,000.00 from October 2008 till date of final payment.
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