David Adjei Nyarko v. Acheampong Adum
2015
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Sowah, J.A.
- Kwofie, J.A.
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around the plaintiff claiming that the defendant sold him land in a personal capacity, while the defendant argued that he acted on behalf of his family. The lower court ruled in favor of the defendant, and this was upheld upon appeal. The appellate court found that the trial judge correctly identified the real issue, i.e., whether the defendant was the owner or merely an agent. The appellate court emphasized established legal principles such as the authority of family heads over family land and the treatment of contracts made by agents.
SOWAH, J.A:
The subject of this appeal is the judgment of the Koforidua High Court dated 10 th December 2013.
The court entered judgment for the defendant [the respondent herein], having concluded that from the facts as found, the plaintiff [the appellant herein] had brought the wrong party to court.
Facts
The plaintiff had pleaded in his statement of claim that the defendant had sold two plots of land to him in or about August 2001, received the payment of ¢11,000,000.00and issued him with temporary receipts.
The land had been demarcated and an indenture prepared by the defendant which the defendant had taken to his uncle, one Addo Dankwa for execution and duly executed.
Plaintiff averred that thereafter he gave the defendant an amount of money to have the document registered at the Lands Registry but he had failed to do so or return his documents hence the action.
The plaintiff further averred that he had put up two rooms on the land.
He claimed the following reliefs in his writ of summons which was filed on 22 nd November 2006:
a. A judicial order to compel the defendants to deliver to the plaintiff the indenture of conveyance stamped and registered at the deeds register which indenture of conveyance covers the absolute sale of two plots of land at “Toto Annu” in Akropong Akuapem by the defendant himself to the plaintiff.
b. In the alternative the delivery of the unregistered of conveyance which evidenced the absolute sale of the two plots of at “Toto Annu” in Akropong Akuapim and ¢400,000.00 paid to the defendant to use for the stamping and registration of the said conveyance.
c. General damages for breach of contract.
In his statement of defence, the defendant denied selling any land to the plaintiff.
He averred that he was only a witness to a transaction where the plaintiff purchased land from the Atta Nkosua family of Banmu acting per its head of family Addo Dankwa.
He further averred that his actions, namely issuing the temporary receipt and showing plaintiff the land were all done on the authorization of the said Addo Dankwa.
He denied that an plaintiff had trespassed onto another land already granted to one Eddy Akuffo thus the head of family refused to prepare an indenture for himunless he left the land he had trespassed on.
The plaintifftendered the receipt as exhibit ‘A’ at the trial.
The plaintiff's witness PW1 stated that she had accompanied plaintiff to the defendants’ house to pay for landwhich the plaintiff had inform