ALHAJI IDDRISU BAIDOO v. JACKSON AMATEIFIO & ORS
2025
HIGH COURT
GHANA
CORAM
- ALEXANDER OSEI TUTU JA
Areas of Law
- Property and Real Estate Law
- Contract Law
- Evidence Law
- Civil Procedure
2025
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this High Court action the plaintiff alleged that the first to third defendants, beneficiaries of a family property at Accra New Town, sold him the house for GH¢12,000 under an agreement dated 27 January 2007, of which he had supposedly paid GH¢11,000 before the property was later resold to a fourth defendant. The defendants denied any sale. Although they eventually abandoned the trial and the first defendant died, the court scrutinised the plaintiff’s evidence, receipts and documents. It found material discrepancies in the property number, description, consideration paid and execution of the agreement. Crucially, not all beneficiaries signed the contract, contrary to statutory requirements for land transactions. As the plaintiff failed to discharge the burden of proof or clearly identify the land, the court dismissed all his claims, holding the alleged sale unenforceable.
By an Amended Writ of Summons filed on 1st December 2019, the Plaintiff claims against the Defendants the following reliefs.
A Declaration that by paying a total amount of Gh¢11,000 by the Plaintiff to the Defendants for the purchase of H/No. C 237/10, Accra New Town, Plaintiff has performed his part of the agreement dated 27th January 2007 after payment of an outstanding Gh¢1,000 by the Plaintiff.
A Declaration that the Plaintiff is the owner of House Number C 237/10 after payment of the outstanding Ghc 1,000 pursuant to the said agreement dated 27th January 2007.
A Declaration that a purported sale of the property to the 4th Defendant is null and void and of no legal effect and an order for recovery of possession.
A order for specific performance directed at the Defendants compelling them to transfer title in H/No. C237/10 New Town to the Plaintiff.
OR
The Plaintiff is an Accra-based poultry farmer, while the First Defendant is unemployed. The 3rd and 4th Defendants are a salesman and a lubricant dealer living at Adabraka and Newtown in Accra respectively.
According to the Plaintiff, around January 2006, the 1st Defendant approached him with a vesting assent dated 11th June 2001 in respect of H/No. C155/10 Accra New Town, and expressed his intention to sell the property. He was assured that the beneficiaries of the property in the vesting assent were in support of the sale. The property was vested subject to a life interest created in favour of the 1st Defendant and Elizabeth Ahiney Amarteifio.
The property was described as a piece or parcel of land situate at North-East Kokomlemle, Accra containing an approximate area of 0.15 acre more or less and bounded on the North-West by the New Town Road measuring 100 feet more or less on the North-East by adjoining land measuring 65 feet more or less, on the South-West by the Goodwill Road measuring 65 feet more or less, on the South-East by an adjoining land measuring 100 feet more or less.
A day after the 1st Defendant had informed the Plaintiff about the intended sale of the property, the