KINGSLEY GAISIE
V.
ISHMAEL OKPOTI ODAMPTEY

(2017) JELR 107610 (HC)    
High Court  ·  SUIT NO. BC/45/2015 ·  30 Jan 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiffs
defendant
vehicle
1st plaintiff
special damages
2nd plaintiff
burden of proof
law
party
ca
civil cases
costs
date of final payment
ghana cedis
interest
pleadings
re kumi
west coast dyeing industry limited
amount
amount of ghs1,350.00
assertion
case
established principle
final payment
issue essential
justice gifty dekyem
lord macnaghten
prevailing bank rate
principle
relevant provisions
said ghs10,000.00
sc
trial checklist
trial judge
tribunal of fact
trite learning
vehicle defendant
witness statement

JUDGEMENT 

Plaintiffs sought the following reliefs per their writ of summons and statement of  claim: 

a. An amount if GHS10,000.00 (Ten thousand Ghana Cedis) being money  defendant collected from Plaintiffs under the pretext of selling his  defendant’s “FORD TRANSIT” vehicle to Plaintiffs since May, 2013, which  vehicle defendant had failed to hand over to Plaintiffs neither had he  refunded the said GHS10,000.00 to Plaintiffs despite persistent demands by  Plaintiffs herein.

b. An amount of GHS1,350.00 being travelling expenses by 1st Plaintiff from  Sunyani to Accra in demand of the said GHS10,000.00 from defendant. 

c. Interest on the said GHS10,000.00 at the prevailing bank rate from May,  2013 until date of final payment. 

d. Costs 

Although Defendant filed a defence, he failed to participate subsequently. At case  management, the defence was struck out when Defendant failed to file his  witness statement and pre trial checklist. Defendant was also served hearing  notice but failed t…

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