DANIEL LARYEA AMARTEY v. KOJO MENSAH

JUDGMENT

On the 2nd day of January 2019, the Plaintiff herein, caused a Writ of Summons to

be issued in this Court against the Defendant claiming the following reliefs:

a. Recovery of GH¢1,500.00 being money Defendant owes Plaintiff.

b. Interest on the GH¢1,500.00 from 13th June 2015 till final date of judgment.

c. Cost.

The Defendant denied liability and filed his Statement of Defence on 21st March

2019, after the parties attempted settlement at the Court Connected Alternative

Dispute Resolution (CCADR) but were unsuccessful.

THE CASE OF THE PLAINTIFF

The Plaintiff averred in his Statement of Claim that he is a businessman and lives

at Tema whilst the Defendant deals in the sales of land and lives at Newland at

Afienya. He continued that the Defendant agreed to sell a piece or parcel of land

to him at the cost of GH¢10,000.00 which land is located at Newland Afienya.

That on 13th June 2015 he made a part payment of GH¢1,500.00 to Defendant who

took him to the site to show him the land. The Plaintiff continued that he went to

the land only to realize that the land has been encroached upon by someone who

has deposited stones and sand unto the land to claim ownership. That the

Defendant failed to give him a site plan of the land. According to the Plaintiff, he

demanded for a refund of the part payment of GH¢1,500.00 which amount the

Defendant failed to pay in spite of several demands since 13th July 2015 until the

Defendant’s conduct and behavior was reported to the police at Main Harbour

on three occasions for an assistance but he blatantly refused to pay or refund the

GH¢1,500.00 to him. He concluded that the Defendant has shown a clear

intention not to pay the said amount to him unless compelled by this honourable

Court to do so. He therefore claimed per the reliefs endorsed on the Writ of

Summons.

The Plaintiff in his evidence in chief told the Court that the Defendant informed

him that he had a parcel of land situate at Newland, Afienya which he wanted to

sell to him at a cost of GH¢10,000.00 so he agreed to purchase the said plot of

land at the said price and made part payment of GH¢1,500.00 to the Defendant

on 13th June 2015. That the Defendant took him to the site and showed him the

land then he requested for a site plan from the Defendant but he failed to give

him same. That he subsequently visited the land in dispute and discovered that

the land has been encroached by someone who had deposited sand and stones

on t