COSCHARIS
V.
JOYCE AMOAH

(2018) JELR 107877 (HC)    
High Court  ·  SUIT NO: GJ 11/2015 ·  31 May 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH- BOAFO
Core Terms Beta
court
defendant
plaintiff
shop
report
bills of quantities
counsel
valuation report
cost
market value
main issue
value of the shop
writ of summons
exclusive of the land
plaintiff’s products
behalf of the defendant
ben dwimoh
concrete evidence
current state
current state of the property
evaluation of the evidence court
fair price
fair value
filed statement of defence
following evidence
following issues
further notes
licensed valuer
madam joyce amoah
messrs hayibor djarbeng
messrs sam dwimoh
mr. peter hayibor counsel
ms. eugenia quaynor
present instant action
recovery of gh
request of the defendant
review of the file
statement of claim
statement of defence
valuation of the shop
valuation price
valuer value
witness statements

JUDGMENT 


i. Introduction: 

[1] The Plaintiff per the Writ of Summons filed on October 28, 2015 claims against the  Defendant is for: 

“(1) Recovery of GH¢54,281.09 being cost of constructing a shop at Burma  Camp at the request of the Defendant. 

 (2) Interest at the prevailing rate from 1st May 2015 till final payment.  (3) Costs” 

[2] After the service of the writ with its accompanying statement of claim on the  Defendant, an appearance was entered by Messrs Hayibor Djarbeng and Co and subsequently, a Statement of Defence was filed on behalf of the Defendant on April 26,  2016. The filed statement of defence was adopted by the Court after an earlier default  judgment granted the Plaintiff on April 20, 2016 was set aside by the Court. Thereafter, Counsel for the Plaintiff filed an Application for Direction on February 8, 2017 to set down  the following issues for determination by the Court. That is:- 

“(1) The value of the shop constructed by Plaintiff for the Defendant at Burma  Camp? 

 …

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