ADUM AKYEAMPONG & ORS v. MRS. OWUSU BROWN & ORS
2016
COURT OF APPEAL
GHANA
CORAM
- OFOE J.A
- KORBIEH J.A
- MENSAH J.A
Areas of Law
- Civil Procedure
- Probate and Succession
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The suit revolved around a failed promise to deliver an uncompleted property, leading to a legal battle involving the propertys executors. The trial court ruled in favor of the plaintiffs, ordering the 1st defendant to refund the paid monies and rehabilitation expenses. The 1st defendant's appeal argued against the trial court's findings and procedures but was dismissed upon review. The Court of Appeal upheld the trial court's decisions, including those on the validity of counterclaims and issues of capacity, and found no evidence of bias against the 1st defendant.
JUDGEMENT
OFOE, J.A:
This suit started as a straight forward claim for money had and received by the 1st defendant from the plaintiffs with the promise to give plaintiffs an uncompleted property to rehabilitate and occupy, which promise had failed. Each party is accusing the other of breaching the understanding reached for the rental of the property. It was in the course of proceedings but before commencement of trial on the 14th of November 2012 that the 2nd and 3rd defendants were join to the suit on application by the plaintiffs. The reason they were joined was because they were executors of this uncompleted property which formed part of the estates of the late Edmund Oppong Owusu Brown. They were joined as 3rd and 4th defendants. I will explain how they became 2nd and 3rd defendants shortly.
After the joinder the parties filed their respective pleadings, issues and additional issues were set down for trial which proceeded to conclusion with judgment on the 29th October 2013. Undoubtedly on the joinder of the 2nd and 3rd defendants the suit enlarged beyond the proportion anticipated by the plaintiff whose simple claim was for return of monies they paid and spent on the property rented out to them by the 1st defendant. The 2nd and 3rd defendants on joining the suit filed a counterclaim against the 1st defendant who also in response filed a counterclaim against the 3rd and 4th defendants.
A summary of the pleadings of the parties will make this point clearer.
The plaintiffs’ statement of claim is found at page 47 of the record of appeal as amended statement of claim. The case of the plaintiffs was that they entered into an oral tenancy agreement with the 1st defendant and paid to her 600 pounds and $2000 (an equivalent of GH¢2,200) for her to complete the property for their occupation. The 1st defendant failed and it was agreed that the plaintiffs use their own money to complete the house and the expenditure incurred thereby used to defray future rent.
According to the plaintiffs when they were getting to completing the property, the 1st defendant asked for an interim account which they gave to the 1st defendant. Not long after the 1st defendant interrupted progress of work again asking to renegotiate the rent. She complained also that the plaintiffs were spending too much on the property. Plaintiffs therefore requested the 1st defendant to use the monies she earlier collected from them to complete the property herself. 1st defendant did complete th