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ABDUL FATTAH ALAWA
V.
REBECCA ADZO AZAGLO & ANOR

(2024) JELR 114422 (HC)

High Court 15 Apr 2024 Ghana
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Case Details

Suit Number:SUIT NO. C12/02/2024
Judges:George Buadi, J
Counsel:EMMANUEL KPATSI ESQ. (HOLDING THE BRIEF OF CHRISTIAN MK KPATSI ESQ.) FOR RESPONDENT
Location:Denu

JUDGMENT

1. This is a civil appeal against the decision of the District Court, Dzodze dated 4th April 2023 that dismissed the plaintiff/appellant’s suit for an amended claim for “[a]n amount of GH¢50,000 for disconnecting of electricity to his room and for costs. In his 8-page judgment, after a full trial, the learned trial magistrate dismissed the plaintiff appellant’s claims for lack of requisite proof. The magistrate held that:

Since the plaintiff in his evidence merely repeated his averments in his statement of claim, that claim had not been cogently proved. Even if it is assumed that the electricity to his room was disconnected for no reasonable cause, the plaintiff as a businessman ought to have mitigated his loss by making use of other alternatives to keep his phone active. In the circumstances, the plaintiff’s reliefs are accordingly dismissed. General damages will also not be granted since the evidence does not satisfy the grounds for such a grant.

2. Dissatisfied with the decis…

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