BENJAMIN ADDY v. ULTIMATE VENTURES AND CONSTRUCTION LTD.
2019
COURT OF APPEAL
GHANA
CORAM
- C. J. HONYENUGA, JA (PRESIDING)
- A. LOVELACE-JOHNSON, JA
- N. C. A. AGBEVOR, JA
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This is an appeal from the decision of the Accra High Court where the respondent sought recovery of a sum owed under a land sale contract. The appellant counter-claimed for costs related to vehicles and loans. The initial ruling favored the respondent, leading to the appeal. The appellate court reviewed multiple issues including assessment of evidentiary support, misrepresentation claims, and responsibilities in property transactions. The appellate court upheld the High Court's rulings and dismissed the appeal, citing principles such as the appellate court's duty, purchaser's investigation rights, and reliability of documentary evidence over oral testimonies.
AGBEVOR, J.A.
This is an appeal from the decision of the Accra High Court, in which judgment was given in favour of the plaintiff/respondent. The defendant/appellant would be referred to as the appellant and the plaintiff/respondent as the respondent.
The respondent by his writ of summons claimed against the appellant: -
a) Recovery of the sum of Two Hundred and Eighty Thousand United States Dollars (USD280,000) or its equivalent in Ghana Cedis being the sum of money owed the plaintiff by the defendant under the contract for sale of land duly executed between the parties.
b) Interest on the said sum from January 2016 to date of final payment
c) Damages for breach of contract
d) General damages
e) Costs: including cost of solicitors
f) Any other reliefs/orders as the Honourable Court may deem fit.
In the court below, the Appellant entered a defence and counter-claimed against the respondent for:-
i) The sum of US$90,000 (Ninety Thousand US Dollars being the cost of the Honda Accord and Toyota Land Cruiser vehicles
ii) Interest on the aforementioned sum from January 2016 till date of final payment.
iii) The sum of Gh¢24,000 (Twenty-Four Thousand Cedis) which it lent to the plaintiff when the plaintiff claimed he was in dire need of final payment.
iv) Cost including counsel’s fees.
The trial court found for the respondent and arising out of the High Court’s decision this appeal was lodged. The grounds of appeal are that:-
1. The learned trial judge respectfully erred in law and deviated from the settled authorities when he believed the evidence of the lawyer who acted for the defendant/appellant and prepared the contract for the sale of the land.
2. The learned trial judge erred in law and deviated from the settled authorities when he held that the defendant/appellant as a purchaser of land was under a duty to investigate every issue concerning the land including the title and the size of the land which he was buying before entering into the contract for the sale of the land.
3. The learned trial judge respectfully erred in law and deviated from the settled authorities when he held that the defendant/appellant’s allegation of misrepresentation is unfounded and without any basis in law.
4. The learned trial judge respectfully erred in law and deviated from the settled authorities when he held that in so far as the defendant/appellant had developed the land and gone into occupation thereof, it was only fair and reasonable that the defendan