CHRIS OKYERE vs TANG WEI

(1) INTRODUCTION

The plaintiff in his writ and statement of claim filed on the 28th of November 2017, sought the following reliefs against the defendant:-

(a) An order for the recovery of the sum of GH¢145,000.00 from the defendant, being the amount plaintiff paid to defendant as cost of the said land.

(b) Interest on the said GH¢145,000.00 at the prevailing commercial rate from December 2013 till date of final payment.

(c) Damages for breach of contract.

(d) Cost including legal fees

The defendant denied liability for the claims of the plaintiff and after the close of pleadings the following issues were set down by the court for determination:-

(1) Whether or not plaintiff purchased a piece of land situate at Gbawe from the defendant?

(2) Whether or not defendant gave vacate possession of the land to plaintiff after plaintiff made payment for the land?

(3) Whether or not the plaintiff is entitled to rescind the contract?

(4) Whether or not plaintiff is entitled to the reliefs indorsed on the plaintiff’s writ of summons?

(2) BRIEF FACTS

The plaintiff bought land situate along the Accra Cape Coast road from the defendant in the year 2013 precisely in the month of December. Thereafter the plaintiff tried to take possession of the land to begin construction on same. The plaintiff was unsuccessful in his bid to develop the land because he was prevented from doing so by persons who claimed the land in question did not belong to the defendant. The plaintiff, after several unsuccessful attempts at taking control and developing the land, then made a demand on the defendant to refund the amount he (plaintiff) had paid to the defendant for the land. The defendant refused to refund plaintiff’s money, claiming that he had given vacant possession of the land to the plaintiff and was therefore not responsible for any encroachment that had occurred on the land after the purchase transaction.

(3) ANALYSIS OF ISSUES

ISSUE 1 – Whether or not the plaintiff purchased land from the defendant?

According to the plaintiff, he and his business associates were desirous of establishing a large scale laundry processing plant along the Accra – Cape Coast Highway at a place called Gbawe and that he got information about the fact that the defendant had four (4) plots of land which he was offering for sale. He said he approached the defendant and expressed interest in the said four (4) plots of land which is along the Accra–Cape Coast High way.

After discussions with the