ABDUL HUSSEIN YAQOUB VS ELITE KINGDOM INVESTIMENTS AND CONSTRUCTIONG LIMITED
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Contract Law
- Civil Procedure
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a contract dispute between Abdul Hussein Yaqoub (Plaintiff) and Elite Kingdom Investment (Defendant) regarding the sale of land and construction of a house. The Plaintiff paid a total of GH¢72,800 to the Defendant for a plot of land and the construction of a four-bedroom house. However, the Defendant failed to execute the required lease agreement. The Plaintiff filed a lawsuit seeking a refund of all payments, interest, and damages. The Defendant, despite entering an appearance, failed to file a defense. The court, applying the High Court (Civil Procedure) Rules, 2004 (C.I. 47), entered a default judgment in favor of the Plaintiff. The court ordered the Defendant to refund all payments made by the Plaintiff, pay interest on these amounts from the date of breach (28th March 2018) to the date of final payment, and cover the Plaintiff's legal costs of GH¢4,000. This case underscores the importance of fulfilling contractual obligations in property transactions and the consequences of failing to defend against legal claims in civil proceedings.
The Plaintiff on 16th August, 2018, instituted the instant action against the Defendant for the following reliefs as endorsed on the Writ of Summons and Statement of Claim: a) A refund of the following amounts paid to the Defendant on dates listed against the amounts: i. GH¢600 paid to the Defendant on 9/9/2011. ii.
GH¢300 paid to the Defendant on 10/01/2012. iii.
GH¢400 paid to the Defendant on 2/4/2012. iv.
GH¢5, 000 paid to the Defendant on 11/6/012. v. GH¢2, 500 paid to the Defendant on 5/7/2012. vi.
GH¢14, 000 paid to the Defendant on 3/2/2015. vii.
GH¢14, 000 paid to the Defendant on 2/12/2015. viii.
GH¢36, 000 paid to the Defendant on 14/1/2016. b) Further or in the alternative an order that the Defendant pays interest on those amount from the date those amount were paid to the Defendant to the date of judgment.
c) Further or in the alternative an order that the Defendant pays interest on reliefs(a) and (b) from the date of judgment to the date of final payment.
1 ABDUL HUSSEIN YAQOUB VRS ELITE KINGDOM INVESTMENT (SUIT NO. GJ/1284/18) (15TH APRIL, 2019)d) Further or in the alternative exemplary damages for fraud and/or fraudulent misrepresentation or deceit.
e) Further or in the alternative general damages for breach of contract.
f) Costs including lawyer’s fees.
The crux of the Plaintiff’s plaint is contained in paragraphs 3 to 15 of the Statement of Claim, a summation of which is as follows: The Plaintiff states that he entered into a contract with the Defendant for the sale to him of a plot of land at Adamrobe, South Aburi, in the Akwapim East District of the Eastern Region.
The Plaintiff continues that the agreement was executed between them on 9th September, 2011 parties.
The Plaintiff further says that based on the agreement, he made the following payments to the Defendant in respect of the acquisition of the parcel of land: i. GH¢600 on 9/9/2011. ii.
GH¢300 on 10/01/2012. iii.
GH¢400 on 2/4/2012. iv.
GH¢5, 000 on 11/6/2012. The Plaintiff avers that all four (4) payments were receipted by the Defendant on the dates the amounts were paid, with the total amount paid amounting to GH¢6, 300. 00. According to the Plaintiff, subsequent to the said payments, the Defendant issued him with a site plan in which his specific plot of land was identified as plot number 245. The Plaintiff continues that he entered into another contract with the Defendant in which the Defendant agreed to build a four (4) bedroom house for him on the purchased