IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION)
KUMASI - A.D 2019
CECILIA OWUSU ANSAH AND LINDA ADU-GYAMFI - (Plaintiff)
FIRST ALLIED SAVINGS & LOANS LTD - (Defendant)
DATE: 28 TH NOVEMBER, 2018
SUIT NO: RPC 05/2019
JUDGES: RPC 05/2019
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.
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 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.’’
The 1st Plaintiff testified on her own behalf and on behalf of the 2nd Plaintiff. She told the court that upon maturity of their investment, they went to the defendant for their money but the defendant could not fulfil its promise. According to the 1st plaintiff, she needed money to pay for her children’s school fees and was compelled to borrow money for that purpose. She also told the court that she needed money to continue with the construction of her house but because of the default she could not do so and presently, the prices of building materials have gone up. She added that the default has also affected the 2nd defendant’s business,as she has no means to refill her stock.
The Plaintiffs per their reliefs stated in no uncertain terms that their claim was for general damages not special damages.The evidence led suggests that they indeed suffered a quantifiable loss albeit no better particulars of the loss were provided. For instance, the loan sum allegedly procured for payment of school fees as well as the interest thereon were not provided. Be that as it may, since general damages lie when there is an infringement of an absolute right, the plaintiffs are entitled to the same.
Consequently, I award damages of GHC 8,000.00 against the defendant and in favour of the plaintiffs.
I also award costs of GHC 6,000 in favour of the plaintiffs.