BONAVENTURE ADJAVOR v. HFC BANK (GH) LIMITED, GEFEL ESTATE DEVELOPERS AND DORA ADJAVOR
October 25, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE WILLIAM BOAMPONG
Areas of Law
- Contract Law
- Property and Real Estate Law
- Tort Law
October 25, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court case concerns a mortgage-backed purchase of a four-bedroom home in Baatsona, Accra, by the Plaintiff from the 2nd Defendant, facilitated by the 1st Defendant Bank through Mr. Sherlock Ashiagbor. The bank disbursed US$82,500 and the Plaintiff paid US$27,500; the Plaintiff took possession in November 2010. After 44 months, he was ejected when the High Court, in Charlotte Tawiah v Gefel Estate Ltd. & Benjamin Addo, declared Charlotte Tawiah owner of the land. The Plaintiff sued for refunds, damages, and alleged fraud and negligence; the 2nd Defendant counter-claimed for rent. The Court found no fraud by the 2nd Defendant and, granting relief against the 2nd Defendant alone, ordered refunds of the purchase monies, awarded GH¢30,000 general damages and GH¢25,000 costs, and declared the 2nd Defendant entitled to rent without quantification due to insufficient evidence. The 3rd Defendant wife’s continued occupation did not impose liability on the Plaintiff.
J U D G M E N T
By his Amended Writ of Summons the Plaintiff claims against the Defendants
jointly and severally as follows:-
a) Refund of the various sums of money paid by the Plaintiff to the 2nd
Defendant for the property the subject matter of this action based on the
advice and recommendation of the 1st Defendant and the 2nd Defendants
herein.
b) Interest on any amount to be arrived at by the Court at the prevailing
Commercial Bank rate from dates of payment of the sums to the date of
final payment.
c) Special and General Damages
d) Cost including Legal Costs.
2nd Defendant’s Counter-Claim:
2nd Defendant Counter-Claims against the Plaintiff as follows:-
a) Payment of rent on the mortgaged house at Baatsona from October 2010
to August 2015 (15 months) at a monthly rent of Three Hundred and Fifty
US Dollars ($350.00).
b) Payment of rent on the temporal accommodation at Lashibi from
September 2015 to date of final vacation of the property at a monthly rent
of Six Hundred US Dollars ($600.00).
PLAINTIFF’S CASE:
The Plaintiff filed his Witness Statement through his Attorney namely Godson
Sena Adjavor. The Plaintiffs Attorney states that the 1st Defendant, through Mr.
Sherlock Ashiagbor, the then Managing Director of the 1st Defendant’s Bank of
the Baatsona Branch, informed the Plaintiff of the 1st Defendant’s mortgage
facilities to help the Plaintiff to acquire a residential accommodation in Accra.
Mr. Ashiagbor recommended to the Plaintiff to enter into a mortgage agreement
with the 1st Defendant to purchase one of the 2nd Defendant’s properties.
The Plaintiff relying on the said recommendation, Mr. Ashiagbor on behalf of
the 1st Defendant arranged a meeting between the Managing Director of the 2nd
Defendant and the Plaintiff. The Plaintiff upon the said recommendation of the
1st Defendant subsequently entered into various agreements with the 1st and 2nd
Defendants to purchase the property, subject matter in dispute. By the
representation and recommendation of the 1st Defendant, the Plaintiff accepted
an offer from the 2nd Defendant to purchase a four (4) bedroom detached house
at Baatsona Accra, at One Hundred and Ten Thousand US Dollars
(US$110,000.00).
The Plaintiff also entered into a mortgage agreement with the 1st Defendant in
September 2010 to purchase the 2nd Defendant’s said property.
By the 1st Defendant’s recommendation, the Plaintiff entered into a Facility Preagreement Disclosure. By the Facility Pre-Agre