DAWUDA BABA v. PASCAL YUSSIF AND ABDULAI ADAM

JUDGMENT

INTRODUCTION

1. This judgment relates to contract for the sale of land.

2. The plaintiff described himself as a herbal medicine practitioner and resident in

Tamale. The 1st defendant is a teacher while the 2nd defendant is described as a

surveyor. Both are resident in Tamale. On 17th October, 2022 the plaintiff through his

lawyer issued a writ against the defendants, jointly and severally, for the following

reliefs:

a. An order setting aside the contract of sale entered into in April 2021 for two

plots of land numbered 204 and 206, Sagnarigu Dungu Planning Scheme

Block C, between the plaintiff and defendants.

b. Recovery of an amount of GHS137,000.00 being special damages plaintiff

suffered from defendants regards the contract for sale of the said two plots.

c. Interest on the amount of GHS137,000.00 from April 2021 till date of final

judgment at the current commercial bank rate.

d. General damages.

e. Costs.

3. The 1

st defendant, on his part, disputed plaintiff’s claim. The 2nd defendant was served

with the writ via substituted service, but he failed to attend court or file any process

in response to plaintiff’s claim. I shall deal with 2

nd defendant’s non-attendance in

court or failure to file any process in response to plaintiff’s claim later in this

judgment.

4. The plaintiff and the 1st defendant filed their respective witness statements. The case

of either party is detailed below.

PLAINTIFF’S CASE

5. Plaintiff’s case is that he earlier bought an uncompleted house from 1st defendant

sometime in 2020, without any complications. So, on or about April 2021, the 1st

defendant informed him about two plots of land available for sale at Sagnarigu. He

averred that the 1st defendant described the two plots as belonging to late Sagnarigu

Chief’s family and that the area had been earmarked for a hospital project which fits

perfectly to plaintiff’s business and interest. As a result, plaintiff and his colleague,

Bernard Okyere (PW1) together with the 1st defendant visited the plots. He added that

st defendant indicated that each plot was GHS70,000.00 but parties agreed on

GHS135,000.00 for the plots. Plaintiff added that 1st defendant later visited his office

and took the GHS135,000.00 in cash. He averred that 1st defendant also took his ID

Card for the land documents. However, when the documents were presented by 1st

defendant, he found out it did not include the allocation papers and also the statutory

decl