KWESI N. ESHUN vs AFRICAN ORIGIN TRAVEL & SPORTS TOURISM (AOTAST)
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANAPARE BARTELS-KODWO (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Civil Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a contractual dispute where the plaintiff claimed breach of contract against the defendant for a failed Olympic Games tour package, while the defendant counterclaimed for unpaid package costs. The court held that the plaintiff did not fulfill his contractual obligations and did not officially withdraw from the package, causing losses to the defendant. The plaintiff's claims were dismissed, and the defendant was awarded damages and costs.
The plaintiff claimed against the Defendant for:
i. Breach of contract
ii. Refund to the plaintiff of the said amount of GB£100. 00 and US$207. 00
iii. Refund to Plaintiff of the sum of US$1, 185. 00 being the cost of the return trip air ticket purchased by the Plaintiff for the abortive trip
iv. Payment of special damages of GB£400. 00 being the cost of hotel accommodation for five (5) nights GB£200. 00 being the cost of upkeep and maintenance and GB£400. 00 to cover
v. Plaintiffs loss of earnings and out of pocket expenses; and
vi. Payment of general damages of US$10, 000. 00 to compensate for the inconvenience, hardship and embarrassment caused to plaintiff.
vii. Legal costs
The plaintiff stated in his statement of claim that pursuant to the Defendant’s invitation to the general public to patronise its tour package in connection with the London 2012 Olympic games, the Defendant requested and the Plaintiff paid it a registration fee of GB£100. 00 and bought two (2) London 2012 Olympic Games tickets at the price of US$207. 00 for admission to two (2) events being the Athletics men and women finals.
He averred further that by a letter dated 31st July, 2012 the Defendant advised him to pick the two tickets from a certain Zinabu Gyima, Defendant’s London Agent, at Unit G, Blackhorse Lane, London E1 76 5L MC.
He therefore travelled to London but the agent failed, refused or neglected to deliver the tickets to the Plaintiff, thus denying the Plaintiff the opportunity to attend and watch the said Olympic games events.
The Defendant in its statement of defence admitted making a public invitation to the effect that any person who wished to travel to the London 2012 Olympic Games should register with the Defendant, whereby the Plaintiff registered to go for the games and paid a registration fee of GH£100. 00 with the registration number LON1155. It denied the rest of the Plaintiff claims and stated rather that the Plaintiff “registered and booked a space” with the Defendant to attend the London 2012 Olympic Games after his payment of the said registration fee of GB£100. 00. It contended further that the booking space was expressly provided for in the Defendant’s London 2012 Olympic Games, Registration form, filled and signed by the Plaintiff and after the Plaintiff bought the GOLD – GBP package valued at GB£1, 520. 00 for the trip.
The Defendant claimed that after Plaintiff registered and used the Defendant’s travel and tour structures to secure a UK V