AZUMA BELI-YAMBA VRS BRICKHOUSE GHANA LTD & anor
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI J.
Areas of Law
- Contract Law
- Civil Procedure
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land purchase dispute where the plaintiff bought a plot of land from the defendants in 2006 but was later unable to take possession due to the defendants' failure to deliver the land. The plaintiff filed a lawsuit seeking specific performance, interest, and damages. The defendants failed to appear or defend the case, resulting in a default judgment. The court found that there was a valid oral contract for the sale of land, and the plaintiff had paid the full purchase price. However, the defendants failed to perform their obligations under the contract. The court ordered the defendants to refund the purchase price of GH¢20,000.00 (equivalent to US$10,000.00 at the time of the contract), with interest from the due date until final payment. The court also awarded general damages of GH¢50,000.00 and costs of GH¢10,000.00 to the plaintiff. The case highlights the consequences of failing to defend a lawsuit and the court's approach to awarding damages in land contract disputes.
The writ of summons taken from the Registry of this Court on 05/07/2018 has the following Reliefs indorsed on it: 1.
i) An order of specific performance directed at the Defendants for refund of US$10, 000. 00 being the purchase money paid to Defendants upon total failure of the Defendants to deliver the land to him.
ii) Interest on the aforesaid sum at the prevailing commercial Bank rate from 2006 until the actual date of the refund.
iii) Special damages of GH¢21, 200. 00 made up as follows: (a) Documentation - GH¢1, 200. 00(b) Search - GH¢500. 00(c) A trip of sand - GH¢700. 00(d) A trip of ¾ stones - GH¢1, 800. 00(e) 5 feet high wall around the land - GH¢17, 000. 00(iv) General Damages for breach of contract for the sale.
v) Cost. The record shows that the writ of summons has been duly served on the Defendants, but they have neglected to file Notice of Appearance.
As a result on 01/11/2018, an application to sign judgment in default of Appearance was filed.
It was heard and granted on 12/12/2018. That day Plaintiff was directed to file witness statement, and lead evidence in proof of his claims. On the 17/1/2018, he filed witness statements and case management conference was held on 16/04/2019. The Defence who have been notified, failed to attend.
They also failed to attend the hearing of the case on 21/05/2019, when Plaintiff’s evidence was heard.
The witness statement of Plaintiff which was admitted as his evidence-in-chief, is to the effect that, sometime in 2006, he purchased a plot of land situate and lying at Kpeshie at East La Dadekotopon – Accra, from the Defendants in the name of his children.
He also said he was issued with a site-plan.
And when he completed payment, Defendants issued a receipt to him.
In addition, he asserted that he built a wall which is about five (5) feet tall around the plot, and deposited sand and stones on the land to make it secured.
His evidence touched on acts of trespass to the land, when he stated that one day he visited the land and found that someone was hastily developing it.
And there was a confrontation and he made a report to the Police.
Finally, he asserted that he had spent GH¢17, 200. 00 to build the wall which the Defendant demolished.
He said he had paid GH¢1, 200. 00 and GH¢500. 00 to defendants as cost of documentation and searches to be conducted respectively.
He gave GH¢700. 00 and GH¢1, 800. 00 as the amount spent on sand and stone, he had deposited on the land.
In support of these as