A. A. RANO GHANA LTD. vs IBRAHIM SIBIE & ANOTHER
January 31, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Contract Law
- Tort Law
January 31, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by HER LADYSHIP, Justice Gifty Agyei Addo arises from a failed land sale at Dome along the Accra–Nsawam road. The 1st Defendant represented ownership of a 0.488-acre plot and induced the plaintiff to pay USD 140,000 in cash and USD 200,000 into the 2nd Defendant company’s USD account at Standard Chartered Bank, Osu Branch. Despite assurances that the land would be delivered vacant, the plaintiff met resistance from Kingsley K. Ofori Andoh, and reported the matter to the Police CID; the 1st Defendant admitted receiving USD 340,000 and was charged under section 131 of Act 29. The defendants entered appearance but failed to file a defence; on motion under Order 13 Rule 1 of C.I. 47, the Court entered final judgment for refund and interest and adjourned proof of damages. At the later sitting, the plaintiff abandoned damages, and the Court held the defence filed after judgment had no legal significance, disposed of the case per the earlier judgment, and awarded GH¢10,000 costs.
The Plaintiff instituted the instant action on 8th May, 2018 against the Defendants for the reliefs endorsed on the Writ of Summons and Statement of Claim which are as follows:
a. An order for refund of the cedi equivalent of the sum of US$340, 000. 00 being consideration for the land.
b. Interest on the said cedi equivalent of US$340, 000. 00 at the prevailing commercial bank rate of interest from May, 2014 to date of full and final payment.
c. Damages of fraudulent misrepresentation.
d. Cost on full indemnity basis.
The gravamen of the Plaintiffs claim is contained in paragraphs 3 to 12 of the Statement of Claim, a summation of which is as follows: The Plaintiff says that in or around 2014, the 1st Defendant represented to it that he had a plot of land measuring 0. 488 more or less located at Dome on the Accra-Nsawam road which he was willing to sell to it.
The Plaintiff further states that subsequent to the said representation, the 1st Defendant offered and the Plaintiff accepted the purchase price of the land at Three Hundred and Forty Thousand United States Dollars (US$340, 000. 00). The Plaintiff further says that a visit to the land showed that the land was occupied by some artisans whom the 1st Defendant misrepresented to the Plaintiff that he put them on the land.
The 1st Defendant undertook to remove the artisans from the land, upon the Plaintiff’s payment of an amount of US$140, 000. 00 (One Hundred and Forty United States Dollars) as part-payment of the purchase price.
The Plaintiff avers that on the strength of the representation, the Plaintiff made a part payment of a cash amount of US$140, 000. 00 to the 1st Defendant.
The Plaintiff continues that in or around May 2014, the 1st Defendant informed Plaintiff that he had ejected the artisans and directed the Plaintiff to take possession of the said land upon payment of the outstanding balance of US$200, 000. 00. The Plaintiff further avers that on the basis of the above representation, it made various payments totalling US$200, 000. 00 into the 2nd Defendant Company’s United States Dollar Account No. 8701534974600 held at the Osu Branch of the Standard Chartered Bank, as directed by the 1st Defendant.
The Plaintiff says the 1st Defendant misrepresented to Plaintiff that the land would be delivered unencumbered and vacant but when the Plaintiff entered the land to develop same, it encountered resistance from one Kingsley K. Ofori Andoh who claimed to be owner of the land.
The Plaintif