DR. BENJAMIN KWESI DADZIE vs ECOBANK GHANA LIMITED
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ANGELINA MENSAH-HOMIAH J.
Areas of Law
- Contract Law
- Property and Real Estate Law
- Banking and Finance Law
- Civil Procedure
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This Ghana High Court civil suit concerns a repossessed apartment at Earls Court, Airport Residential Area, Accra, sold by Ecobank Ghana Limited to Dr. Ben Dadzie. Ecobank advertised the property and issued an offer letter dated March 3, 2011 for US$260,000; Dadzie paid US$240,000 plus US$14,000 rent from sitting tenants and was put into possession in April 2011, withholding US$6,000 pending title documents. The original mortgagor, Nana Bambara-Abban, had defaulted; Ecobank repossessed and sold under the Home Mortgage Finance Act 2008. Ecobank gave an undertaking to complete and deliver title but did not provide registrable title, citing Lands Commission consent discharge frustrations. The court held Dadzie was not estopped by the undertaking, found Ecobank failed to provide relevant title documents, and refused specific performance and damages. Judgment ordered Ecobank to perfect title under Act 770 s21(4)(b), execute any required assignment within 90 days, place US$6,000 in escrow, and pay GH¢30,000 costs.
This suit relates to a contract of sale of landed property between the parties herein.
The Plaintiff is a retired Agriculturalist and a customer of the Defendant bank which is registered under the laws of Ghana.
The original writ of summons was filed on 13th March, 2016. By his amended writ of summons and statement of claim issued from the registry of this court on 9th November, 2018, the Plaintiff sought an order of Specific Performance and Completion of the Contract of Sale with the submission of title documents on Apartment C5, Earls Court, Airport Residential Area, Accra by the Defendant, damages for breach of contract and cost, including legal expenses.
THE PLAINTIFF’S CASE On seeing an advertisement put up by the Defendant in the 25th February 2011 edition of the Daily Graphic Newspaper for the sale of 2 (3 bedroom) Apartments at Airport Residential Area, Accra, the Plaintiff contacted the Bank for confirmation, and on 3rd March 2011, the Defendant gave to the Plaintiff an offer letter for the Sale of the said Apartment at the cost of Two hundred and Sixty Thousand United States Dollars (US$260, 000. 00). The Plaintiff made payments in accordance with the terms of the offer and was put into possession in April, 2011. That notwithstanding, the Defendant failed to give the necessary title documents to the Plaintiff for registration.
Instead, the Defendant gave the Plaintiff an undertaking to ensure that he does not incur any financial loss in the event of undue delay or failure to complete and deliver the title deeds to him and to ensure that the process is completed within the shortest possible time.
The Plaintiff prays for an order compelling the Defendant to deliver the requisite title documents.
THE DEFENDANT’S CASE The Defendant does not dispute the fact of the advertisement for the sale of the property which was eventually sold out to the Defendant at the price of Two hundred and Sixty Thousand United States Dollars (US$260, 000. 00). The Defendant maintains that after payment of an initial sum of US$254, 000. 00. 00, made up of cash payment of US$240, 000. 00 and US$14, 000. 00 rent collected from the sitting tenants, the Plaintiff was put in possession and has exercised full acts of ownership since April, 2011. The Plaintiff has not paid the balance of US$ 6000. 00. The Defendant further maintains that the property was sold to the Plaintiff on ‘as is basis’, and that the Plaintiff was made aware of the Defendant’s difficulty in getting th