CECILIA OWUSU ANSAH AND LINDA ADU-GYAMFI
V.
FIRST ALLIED SAVINGS & LOANS LTD

(2018) JELR 69759 (HC)    
High Court  ·  SUIT NO. RPC 05/2019 ·  28 Nov 2018 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Core Terms Beta
general damages
defendant
money
court
favour of the plaintiffs
infringement
interest
law
amount
date of final payment
default
plaintiffs
quantifiable loss
a.recovery of the amount of ghc58,054.05
assessment of damages
behalf
c.general damages
children’s school fees
claim
construction of her house
damages of ghc
determination of costs
evidence
following reliefs
inference of law
instance
interlocutory judgment
investment
loan sum
loss
maturity of their investment
natural consequences of the defendant
own behalf
payment of school fees
plaintiff
plaintiffs’ claim
prices of building materials
promise
purpose
recovery of the sum of ghc58,054.05
reliefs
special damages.the evidence
stock
suit
supreme court
uncertain terms

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 …

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