CECILIA OWUSU ANSAH AND LINDA ADU-GYAMFI
V.
FIRST ALLIED SAVINGS & LOANS LTD
The Plaintiffs’ claim against the Defendant was for the following reliefs:
a.Recovery of the amount of GHC58,054.05 being their investment plus accrued interest.
b.Interest on the amount invested plus date of final payment.
c.General Damages.
d.Cost.
On 2nd November, 2018 the court entered interlocutory judgment in favour of the Plaintiffs for recovery of the sum of GHC58,054.05 plus interest on the amount till date of final payment. The suit was, however, adjourned for assessment of damages and the determination of costs.
The law is that general damages lie for every infringement of an absolute right. The Supreme Court held in the case of Delmas Agency Ghana Ltd v. Food Distributors International Ltd [2007/2008] SCGLR 748, 760 thus:
‘‘General damages is such as the law will presume to be the probable or natural consequences of the defendant’s act. It arises by inference of law and therefore need not be proved by evidence. The law implies general damages in every infringement of an absolute …