January 15, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a land-sale dispute at Nmai-Dzorn, Chief Inspector Michael Agbanu sued Jacob Nii Ablorh Mensah (acting head of the Numo Sowah Din Okpelor Family), Daniel Ablorh Mensah, Benjamin Boye Tawiah, and a fourth defendant after paying monies and receiving documentation related to a plot he was shown and agreed to purchase. Agbanu produced handwritten and official receipts (Exhibits A, C–E) and lease documents (Exhibits B and F). He began development by depositing blocks, sand, and stones and building a single room to store materials. The defendants argued that the price was GH¢35,000, later GH¢21,000, and that Agbanu was a trespasser until full payment. Justice Kweku T. Ackaah-Boafo credited Agbanu’s evidence, found the sale occurred, rejected the defendants’ price claim for lack of proof, held that entry was lawful under the indentures, found vandalism by the 3rd and 4th defendants, and awarded special damages of GH¢27,400, general damages of GH¢20,000, plus interest and costs.
JUDGEMENT
Introduction
(1) By the original Writ of Summons filed on June 10, 2015 which was amended on August 10th, 2015 and Further Amended on December 6th, 2016 with the leave of the Court, the Plaintiff claims against the Defendants the following judicial reliefs:-
(a) Special Damages of:
i. Initial sums paid to 2nd Defendant at his request for rezoning of parcel of land - GH¢ 1,000.00
ii. Total sums paid to 2nd and 3rd Defendants as purchase price of land - GH¢ 7,000.00
iii. Monies paid to 2nd Defendant as cost of construction of fence wall - GH¢ 1,700.00
iv. Total payments made for processing of Deeds of Lease - GH¢ 1,800.00
v. Sums paid by Plaintiff to surveyor for his services - GH¢400.00
vi. Costs of 1 trip each of sand and stones purchased - GH¢ 1,200.00
vii. Cost of clearing of land and uprooting of nim trees on plot - GH¢600.00
viii. Cost of single room demolished/destroyed by Defendants - GH¢ 5,500.00
ix. Cost of processing new Title Deeds/Transfer Documents - GH¢500.00
x. Cost of 5000 blocks @ 2.80 per block deposited on plot - GH¢14,000.00
xi. Total payments to 1st Defendant for Deed of Lease - GH¢36,200.00
(b) Interest on the said GH¢36,200.00 at the prevailing commercial rate of 35% per annum from 8/6/2013 till the date of final payment.
(c) General damages of GH¢50,000.00
(d) Costs of instituting this suit including lawyer’s fees.
The Claim, Defences & Issues:
(2) The factual grounds of the Plaintiff’s claim are set out in the 38 paragraph Statement of Claim filed together with the Writ of Summons. After the Defendants were served the 1st Defendant entered appearance and filed a 19 paragraph Statement of Defence on February 26, 2016 by which he substantially denied all the claims of the Plaintiff against him. Mr. George Tetteh Wayoe Esq. entered appearance for the 2nd, 3rd and 4th Defendants and also filed a joint 22 paragraph Statement of Defence for all of them on October 23, 2015.
(3) Mr. Wisdom Anthonio for the Plaintiff filed a reply to respond to the Statements of Defence filed by the Defendants on March 17, 2016. At the close of the Pleadings the Plaintiff’s Counsel formulated about 8 issues and Counsel for the 2nd, 3rd and 4th Defendants also formulated 6 additional issues for the determination by the Court. The issues set down are also follows:
Plaintiff’s Issues:
Whether or not 1st, 2nd and 3rd Defendants sold the piece of land situate at Nmai-Dzorn to Plaintiff?
Whether or not 1st, 2nd and 3rd Defendants t