AZIZ MOHAMMED KACHMAR VS SHERIFF ADJETEY SOWAH & ANOR
July 19, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
- Evidence Law
July 19, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO of the High Court decided a civil application for default judgment arising from a land transaction at East Airport–Tse Addo under the La Dadekotopon Municipal Assembly. The Plaintiff sought a lease of a 0.16‑acre plot from the 1st Defendant through the 2nd Defendant, an estate agent, paying GHC53,000 and later GHC22,000, with assurances of family ownership. Evidence included receipts issued by Sheriff Building and Construction Ltd and a partially signed lease between East Dadekotopon Development Trust and M. J. Kachmar Limited. After workers were prevented by alleged land guards, both Defendants signed an undertaking on 12 March 2018 to resolve the dispute, replace the land, or refund payments, and the 2nd Defendant provided vehicle GE 3382‑17 as security. The 2nd Defendant failed to file a defence; the application under Order 13 Rule 1 was unopposed. Relying on the undertaking, the court entered final judgment against the 2nd Defendant, ordering refund of GHC75,000, interest at the prevailing commercial bank lending rate from 23 December 2017 to final payment, and costs of GHC4,000.
On 10th December, 2018, the Plaintiff instituted the instant action against the Defendants for the following reliefs as endorsed on the writ of summons:
a. Refund of all the amounts paid by the Plaintiff to the 1st Defendant for the plot of land at Tse-Addo.
b. Interest on the said amount owed by the Defendant from 23rd December 2017 till date of final payment at the prevailing commercial bank rate.
Or in the alternative c. Judicial sale of the vehicle with registration number GE 3382- 17. d. Costs including legal fees.
e. Any other order(s) this Honourable Court may deem fit.
The writ of summons and statement of claim were subsequently amended on 24th May, 2019. The gravamen of the Plaintiff‟s claim is contained in paragraphs 4 to 20 of the Plaintiff‟s amended statement of claim, a summation of which is as follows: According to the Plaintiff, sometime in May 2017, he made an inquiry with the 2nd Defendant, who is an estate agent, on the availability of land for lease around East Airport in the Greater Accra Region of Ghana.
The Plaintiff says that the 2nd Defendant acting as an agent of the 1st Defendant introduced him to the 1st Defendant as the person who had such land for lease.
That 2nd Defendant informed him of the 1st Defendant‟s residential plot measuring approximately 0. 16 acres situate at Tse-Addo, a suburb of La under the La Dadekotopon Municipal Assembly of the Greater Accra Region, at a going price of US$25, 000. 00. The Plaintiff avers that the Defendants assured him that the land belonged to the 1st Defendant‟s family and that the 1st Defendant had capacity to alienate same.
That based on this assurance, he accepted the offer and made part-payment of GHC53, 000. 00 in two instalments to the 1st Defendant through the 2nd Defendant, as required by the Defendants to secure the said land.
The Plaintiff says further that the 1st Defendant was required to release a site plan and indenture to him as per their agreement.
However, that the 1st Defendant demanded more money from him before commencing work on said documents.
The Plaintiff continues that he paid the Defendants a further amount of GHC22, 000. 00 in three instalments and received receipts covering same dated 29th July 2017, 1st September 2017 and 23rd December 2017. The Plaintiff states that as at 23rd December 2017, the sum of GHC40, 000. 00 was the outstanding amount he was due to pay the Defendant.
That he received from the 1st Defendant a partially signed lease agreement