Nana Kwasi Ringold v. Sylvester Annor-Barnieh
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANAPARE A. BARTELS-KODWO (MRS.)
Areas of Law
- Contract Law
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this case, Plaintiff sued Defendant for breach of contract, claiming loss of earnings and seeking general damages. Defendant countered with claims of fraud and breach of contract. The court found Defendant breached the contract and awarded general damages to the Plaintiff but not for specific losses. The court emphasized the Plaintiff's burden of proof and the application of general damages for breach, ruling that Defendant's suspicions and actions did not justify the contract breach. Judgment was given in the Plaintiff's favor for a sum of GH¢50,000.00 in general damages and GH¢10,000.00 in costs.
The Plaintiff took out this Writ for: a) An amount of One Hundred and Twenty Thousand, One Hundred and Sixty Ghana Cedis(GH¢127, 160. 00) for loss of earnings suffered by the Plaintiff over the period January 2016 to June 2016. b) General damages for breach of contract c) Costs and Legal Fees.
The Defendant responded with a Statement of Defence citing particulars of fraud and counterclaimed as follows: 1. Declaration that the Plaintiff breached the contract when he put the property back on sale after selling same to the Defendant.
2. Refund of the deposit calculated at the current commercial lending rate from 30th December, 2015 to date of payment.
3. Damages for breach of contract 4. Any other reliefs as the court may grant and costs, including Lawyer’s fees.
Plaintiff describes himself as an entrepreneur and businessman who owns Royal Ringold Lodge.
He contends that he and the Defendant, who is a private businessman, entered into an agreement on the 24th of December, 2015 where under this contract he would sell his commercial property Royal Ringold Lodge with House No. 20 A, Paradise Estate, Dome Pillar 2, to the Defendant for Six Hundred and Fifty Thousand Cedis (GH¢650, 000. 00). He asserts that under the contract it was agreed that a debt of GH¢40, 000. 00 which the Plaintiff owed the Defendant be used as initial deposit.
Furthermore a Ford F150 Pick- up Truck valued at Ninety Thousand Ghana Cedis (GH¢90, 000. 00) was also used as part payment and given to the Plaintiff.
An amount of Twenty Thousand Ghana Cedis (GH¢20, 000. 00) was given to the Plaintiff in December, 2015. This brought the total amount paid to the Plaintiff to Hundred and Fifty Thousand Ghana Cedis (GH¢150, 000. 00). The Plaintiff further contends that as part of the Agreement the Defendant agreed to pay Two Hundred and Fifty Thousand Ghana Cedis (GH¢250, 000. 00) to the Plaintiff on or before 30th March, 2016 and the final installment of Two Hundred and Fifty Thousand Ghana Cedis(GH¢250, 000. 00) to the Plaintiff on or before 30th June, 2016. Plaintiff avers that the Defendant breached the contract as it failed to make any of the above payments.
He asserts that he kept the commercial property unused from January 2016 till June 2016 believing that the Defendant will fulfill its part of the contract.
And that had he used it he would have made an income GH¢127, 160. 00 over the period.
This loss of income he alleges has caused him untold financial hardship and caused him to