IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT
KUMASI - A.D 2019
JOHNSON OSSEI - (Plaintiff)
GOLD COAST FUND MANAGEMENT LIMITED - (Defendant)
DATE: 2 ND MAY, 2019
SUIT NO: OCC 57/2019
JUDGES: HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
LAWYERS: S. ANAGLATE FOR THE PLAINTIFF
On 10th January, 2019, the plaintiff herein issued a writ of summons against the defendant herein seeking the following reliefs:
1. An order for the Recovery of the total amount of GH¢210,980.96 from the Defendant being amounts invested with the Defendant by the Plaintiff and the interest which amounts the Defendant has refused to pay to the Plaintiff despite the said Investments maturing since the 7th and 27th of November, 2018 respectively.
2. Interest on the amount of GH¢105,490.48 at the prevailing commercial rate from 7th of November, 2018 till the date of final payment and on the amount of GH¢105,490.48 at the prevailing commercial rate from 27th November, 2018.
3. Damages for Breach of Contract.
4. Costing including legal cost.
On 15th February, 2019 the plaintiff filed an ex-parte motion for interlocutory judgment in default of appearance after the defendant had failed or refused to enter an appearance. On 21st February, 2019 an interlocutory judgment was entered in favour of the plaintiff against the defendant in respect of reliefs (1) and (2) of the writ of summons. Costs of GHC 15,000.00 was awarded against the defendant. The matter was adjourned for hearing relating to the assessment of damages.
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 vrs 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 right. The catch is that only general damages are awarded.
Where a plaintiff has suffered a properly quantifiable loss, he must plead specifically his loss and prove it strictly. If he does not he is not entitled to anything unless general damages are also appropriate.’’
When the plaintiff testified, he led evidence in respect of the substantive claim. He failed or refused to lead evidence to establish specific losses. However, general damages are appropriate in the circumstance as of right.
Consequently, I award general damages of GHC 25,000.00 in favour of the plaintiffs. I also enter final judgment in favour of the plaintiff.
DR. RICHMOND OSEI-HWERE
JUSTICE OF THE HIGH COURT