ALHAJI IDDRISU BAIDOO v. JACKSON AMATEIFIO & ORS

By an Amended Writ of Summons filed on 1st December 2019, the Plaintiff claims against the Defendants the following reliefs.

1. 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.

2. 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.

3. 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.

4. 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

1. In the alternative an order for the refund by the Defendants to the Plaintiff Gh¢11,000 being the money Plaintiff paid to the Defendants with interest at the current Bank rate from 27th January 2007 to date of payment should it become impossible for the court to order a transfer of ownership of the said house to the Plaintiff.

The Case of the Plaintiff

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