BENJAMIN KWABENA NKANSAH & ORS vs NII KWAKU DARTEY II & ORS
January 23, 2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE ALEXANDER GRAHAM
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
- Tort Law
January 23, 2025
HIGH COURT
CORAM
AI Generated Summary
This Ghana High Court case concerns two land-for-cars transactions orchestrated by the 3rd Defendant, a friend of both Plaintiffs. Acting as the apparent intermediary to traditional landowners—the Chief of Manhean and the Head of the Gbawe Kwatei Family—the 3rd Defendant induced the 2nd Plaintiff (with his wife Esi) in 2006 to hand over a 2002 Toyota Corolla and a 2008 Toyota Yaris for land at Sakumono/Mallam Junction, and induced the 1st Plaintiff in 2014 to hand over a 2002 Toyota Corolla and a Nissan Frontier pickup for land at Odoben Manhean, later soliciting GH¢3,000 via the 1st Plaintiff’s wife Agyeiwaa for a supposed relocation. The court found that the Plaintiffs never met the alleged grantors, were chased off purported sites, and never obtained possession. Applying civil evidence standards and the common-law elements of fraud, the court held the 3rd Defendant acted alone, fabricated indentures, and defrauded the Plaintiffs, ordering restitution (cars or value), refund with interest, damages, and costs.
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