NUNOOFIO vs. NUNOOFIO [1987]DLHC651

Date	1987-07-31
Suit No.
Citation No.	[1987]DLHC651

AMMAH J.

NII AMARTEI FOR THE DEFENDANT-APPELLANT.

NAA GYAMERAH TAWIAH FOR THE PLAINTIFF-RESPONDENT.

[1987]DLHC651
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													<main id="main" class="content" style="min-height: 60rem" >NUNOOFIO <o:p></o:p>vs. <o:p></o:p>NUNOOFIO<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1989-90] 2 GLR 683<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DATE:
31
JULY 1987<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

NII AMARTEI FOR THE DEFENDANT-APPELLANT.<o:p></o:p>

NAA GYAMERAH TAWIAH FOR THE PLAINTIFF-RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AMMAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMMAH J.<o:p></o:p>This is
an appeal by the defendant-appellant (hereinafter referred to as the defendant)
from the judgment of the district magistrate grade I sitting at
Lartebiokorshie, Accra. The district magistrate gave judgment in favour of the
plaintiff-respondent (hereinafter referred to as the plaintiff) for ¢8,000
damages and costs of ¢5,000. The defendant being aggrieved by the said judgment
has appealed to this court on a number of grounds set out in the notice of
appeal as follows:<o:p></o:p>(1) The judgment is against the weight of the evidence adduced
before the court.<o:p></o:p>(2) The learned trial magistrate erred in law when she held
that the defendant negligently caused damage to the plaintiff’s personal
effects as there is no evidence in support of that conclusion.<o:p></o:p>(3) The learned trial magistrate erred in law when she
failed to give any consideration to the defendant’s counterclaim thus resulting
in a miscarriage of justice.<o:p></o:p><o:p>&nbsp;</o:p>At the
hearing, leave was granted to counsel for the defendant to argue the additional
grounds of appeal filed on 13 January 1987.<o:p></o:p>The
plaintiff claimed from the defendant by his writ of summons ¢12,900 made up as
follows:<o:p></o:p>“(a)
Repairs of twenty iron sheets or its equivalent—¢10,000. <o:p></o:p>(b)
Return of 200 mud bricks—¢200. <o:p></o:p>(c)
Damages caused by rainfall since 1980-83 rainy season to my personal properties
including a vono mattress, . . . a writing chair, a table and cushion covers
worth—¢2,700.”<o:p></o:p><o:p>&nbsp;</o:p>The
parties are brothers of the full blood. The defendant is the elder of the two.
They were at the time material to this case living in a house which was built
by their late mother. The defendant said he and their late mother built it. One
day the plaintiff arrived home from night duty and found the roofing of his
room damaged with so many perforations, and his personal effects scattered about.
Some bricks he had piled at the back of the house had also been tampered with
and some damaged. A carpenter was called in to effect some repairs on the
roofing. He got to know it was the defendant who caused the damage to the
roofing. According to the plaintiff, whenever it rained it seeped through the
damaged roofing sheets and this caused damage to his personal effects, i.e.
mattress, cushion covers, etc.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff reported the matter to the police. The defendant was later charged
and convicted of the offence of assault and conduct conducive to the breach of
the peace. The plaintiff tendered the judgment in the criminal case in support
of his evidence during the trial.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant said that some time ago the plaintiff was transferred from Koforidua
to Accra and said he </main>