BENJAMIN KWABENA NKANSAH & ORS vs NII KWAKU DARTEY II & ORS
2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE ALEXANDER GRAHAM
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
- Contract Law
- Tort Law
2025
HIGH COURT
CORAM
AI Generated Summary
The plaintiffs, Ghanaian businessmen, were defrauded by the 3rd defendant who offered non-existent land in exchange for cars, providing fake indentures and never transferring the land. Judgment favored the plaintiffs, with the court ordering the return of the cars or their cash equivalent, and awarding damages and costs to the plaintiffs.
The 1 st Plaintiff 's claim against the 1 st and 3 rd defendants jointly and severally are as follows:
i.The recovery of ONE CORROLLA SALOON CAR (2002 Model) and ONE FRONTIER KINGCAP PICKUP CAR OR,
In the ALTENATIVE, the assessed value of the cars
ii. The recovery of an amount of three thousand Ghana Cedis (GH¢3,000.00)
iii The payment of interest on the amount of Three Thousand Ghana cedis (GH¢3, 000.00) from 2015 until the final date of payment.
iv. General damages
v. Cost
The 2 nd Plaintiff claims against the 2 nd and 3 rd Defendants jointly and severally as follows:
i. The recovery of ONE CORROLLA SALOON CAR (2002 Model) and ONE YARIS SALOON (2008 MODELCAR) OR,
In the ALTENATIVE, the assessed value of the cars.
ii General damages
iii. Cost
CASE OF 2 ND PLAINTIFF
The 1 st and 2 nd plaintiffs are Ghanaian businessmen and owners of the piece of land described in SCHEDULE "A" herein and SCHEDULE "B" respectively.
The 1 st and 2 nd plaintiffs reside in the United States and Ghana respectively. The 2nd Plaintiff is also the lawful attorney of the 1st Plaintiff.
The 1 st Defendant is the Chief of Manhean and representative of the Manhean stool.
The 2 nd Defendant is the Head and Lawful Attorney of the Gbawe Kwatei Family of Accra.
The 3 rd Defendant is the person who acted together and also represented the 1s t and 2 nd Defendants and dealt with the Plaintiffs in the sale of the land to the Plaintiffs by the 1st and 2 nd Defendants.
It is the case of 2 nd Plaintiff that in 2006, the 2nd Plaintiff showed interest in a land sale from the 3 rd Defendant. 2 nd Plaintiff agreed to buy the land and the 3 rd Defendant agreed to prepare and execute an indenture to 2 nd Plaintiff. The 2 nd Plaintiff also agreed to provide two cars for the land.
The 2 nd Plaintiff claims he gave the 2 nd and 3 rd Defendants one Corrola Saloon car (2002) model and one Yaris 2008 model car in exchange for land, which the 3rd Defendant collected. The 2 nd Plaintiff also claims that the 2 nd and 3rd Defendants sold him a piece of land at Sakumono, Mallam Junction, Accra, on 14 th day of December 2006 after collecting the cars as per an indenture executed between the 3rd Defendant and himself.
The 2 nd Plaintiff avers further that the indenture is registered at the Lands Commission as LVD 19906A/2011.
The 2 nd Plaintiff says the 3 rd and 2 nd Defendants have since not put him in possession of the land despite persistent demands on them.
2 nd Plaintiff says a search he