(2017) JELR 107644 (HC)    
High Court  ·  SUIT NO. BC564/2015 ·  9 Jun 2017 ·  Ghana
Core Terms Beta
special damages
burden of persuasion
sum of us
defendant’s hotel
assessment of damages
civil cases
dated 30th may
epope printing press
high court
loss of information
loss of use
mind of the tribunal of fact
obligation of a party
special damages of us
statement of claim
sufficient evidence
witness statement
14th day of july
annual official reports
burden of producing evidence defined
cost of laptop
general damages of ghs10,000
justice gifty dekyem
lord macnaghten
macbook pro
macbook pro us
microsoft office
ms office business us
onus of proof
plaintiff’s case
prima facie case
respect of the assessment of damages
result of the loss of the laptop
sections of the evidence decree
soft copy of masters thesis
special circumstances
supreme court
way of documentary evidence of the online transactions


Plaintiff per his writ of summons and statement of claim sought the following  releifs: 

a) Special damages of US$1,689 or its Cedi equivalent being the cost of laptop stolen at Defendant’s hotel and $300 for programmes installed. 

b) General damages of GHS10,000 for loss of use and the loss of information  on the laptop 

c) Costs 

On the 14th day of July, 2015, in granting a motion exparte for judgment in default  of appearance, the court differently constituted entered judgment in favour of  Plaintiff in the sum of US$1,689.00 or its Cedi equivalent. The suit was  consequently adjourned for assessment of damages. 

In respect of the assessment of damages, Plaintiff filed a witness statement, in  which he testified that, he checked into Defendant’s hotel where he was to stay  from 12th to 18th March, 2015. According to Plaintiff, on 14th March, 2015 whilst  going to lunch, Defendant’s cleaner requested for his room key to clean same but  on his return could not find his laptop…

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