JOHN KWADWO AWORO v. AMOS GYAMFI AND STEPHEN AMANKWA

FACTS: The case revolves around a transaction entered into by the Plaintiff and

Defendant (1st Defendant) for use of the tricycle by the 1st Defendant on a desultory basis.

The facts of this case, which are not materially complex (which is disputed by the

Defendant), are that the Plaintiff on 28th February, 2022 gave his unregistered Apsonic

Tri-Cycle (Abobo Yaa) to the defendant (now 1st Defendant) for use to return it on the

same day. The 1st Defendant upon taking possession of the Tricycle, however failed, to

return it to the Plaintiff, much to the chagrin of the Plaintiff hence the present action.

The Plaintiff therefore on the 2nd day of November, 2022, issued a writ of summons, for the following

reliefs:

a) An order of the court compelling the Defendant to return his unregistered Apsonic Tri-Cycle

(Abobo Yaa) given to the defendant on 28th February, 2022, which the

Defendant has refused to return despite repeated demands

OR IN THE ALTERNATIVE

Pay Twenty-Four Thousand Cedis (GHC24000) as its current value.

b. General damages for denying the Plaintiff the use of the tri-cycle (Abobo Yaa).

c. Costs.

In the course of the trial, after the Plaintiff had closed his case and the original Defendant

was to open his defence to the present action, the 1st Defendant brought an application

which sought to join the 2nd Defendant, Stephen Amankwaa to the suit. The court

considering the merits of the application found that in the interest of justice, the 2nd

Defendant ought to be joined and granted the application pursuant to order 9 r 5 of C.I.59.

The court in granting the application, however observed that the Plaintiff was a minor,

aged only 15 and appointed the 2nd Defendant's father as his guardian pursuant to order

9 r 13 of C.I. 59 to defend the action as the 2nd Defendant's next friend. Therefore at the

end of the trial there were two defendants to the action.

ISSUES

The germane issues for determination by the court are

(i) whether or not the 1st Defendant's conduct amounts to a breach of contract

(ii) whether or not the 2nd Defendant had a valid contract with the 1st Defendant

(iii) whether or not the Plaintiff is entitled to general damages

CASE OF THE PLAINTIFF

The Plaintiff's case is that on the 28th of February, 2022, the 1st Defendant approached him

and requested to use his tricycle. According to the Plaintiff, when the Defendant broached

the subject of using the tricycle, he did not tell the Plaintiff exactly what he wa