ALEXANDER OSEI KOFI VS KWADWO ASANTE BOATENG
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP NABEELA NAEEMA WAHAB J. (MS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff purchased two plots of land from the Defendant in 2002, but the Defendant refused to provide a Deed of Assignment. Instead, the Defendant attempted to refund the money and interfered with the Plaintiff's construction on the land. The Plaintiff sought legal remedies but lost in court in October 2022. Later, the Plaintiff filed for contempt, alleging the Defendant continued construction despite a pending appeal. The court refused the contempt application, finding no sufficient proof to support the Plaintiff's claims beyond a reasonable doubt.
I. BACKGROUND 1. The Plaintiff instituted an action against the Defendant by a Writ of Summons and Statement of Claim filed on 21st November 2019. It was the case of the Plaintiff that he purchased two plots of land, from the Defendant and has been in possession of same since the year 2002. It was the further case of the Plaintiff that the Defendant who has received full consideration for the land has refused to execute a Deed of Assignment in his favour.
The Plaintiff added that although the Defendant has informed him that he intends to refund the money paid to him for the subject land and rescind the transaction, the Defendant has failed to refund the money paid.
Instead, the Defendant has evinced a clear intention to deprive him of the subject land by demolishing his fence wall and interfering with his construction works.
2. By his action, the Plaintiff sought inter alia a declaration of title to the land which was the subject of the dispute stated to be approximately 0. 32 acres and situate at Amrahia in Accra, an order compelling the Defendant to execute a Deed of Assignment in his favour, an order for recovery of possession and an order of perpetual injunction to restrain the Defendant, his agents, servants, assigns and all those claiming through him from interfering with the subject land.
3. In a Statement of Defence filed by the Defendant on 8th January 2020, the Defendant stated that he agreed to sell one and a half plots measuring 0. 24 acres to the Plaintiff and not two plots measuring 0. 32 acres as claimed by the Plaintiff.
The Defendant added that the consideration he received from the Plaintiff for the land was thus in respect of 0. 24 acres.
4. The Defendant also stated that the Plaintiff resorted to constructing his fence wall on land assigned to adjoining assignees regardless of his disapproval.
It was therefore later agreed between the Plaintiff and the Defendant that the Defendant will find a new parcel of land/ alternative land elsewhere for the Plaintiff.
5. The Defendant stated that the Plaintiff informed him that he had found an alternative parcel of land which was two plots.
He therefore agreed to pay a proportionate amount of the cost of the two plots of land found by the Plaintiff as the Plaintiff had purchased one and a half plots from him.
The Defendant stated that the Plaintiff provided him with details of his bank account into which he paid the part payment of the alternative land and the agreement between the parties for the ini