ABDUL HUSSEIN YAQOUB VS ELITE KINGDOM INVESTIMENTS AND CONSTRUCTIONG LIMITED
April 15, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
April 15, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Abdul Hussein Yaqoub sued Elite Kingdom Investment in the Ghana High Court to recover sums paid for a land purchase and related construction services at Adamrobe, South Aburi, after Elite Kingdom failed to execute a lease despite demand. Between 2011 and 2016, Yaqoub paid for the land, building plan, and construction, and received a site plan identifying plot 245. Elite Kingdom entered appearance but did not file a defence under Order 11 Rule 2. Yaqoub moved for default judgment, supported by affidavits and exhibits, and later abandoned claims for exemplary and general damages. Applying Order 13 Rule 1, Justice Gifty Agyei Addo entered final judgment, ordering a refund of all amounts paid, interest from 28 March 2018 until final payment, and costs of GH4,000.
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