Ebenezer Anim Dankwa & ANOTHER v. Kwabena Darko & ANOTHER
2022
COURT OF APPEAL
GHANA
CORAM
- Sowah, J.A. (PRESIDING)
- Oppong, J.A.
- Mensah-Homiah, J.A.
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
- Tort Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In the Ghana Court of Appeal, Justice Cecilia H. Sowah (J.A.) authored the judgment, with Justices Anthony Oppong and Angelina Mensah-Homiah agreeing. The case arose from the High Court, Nkawkaw’s decision dismissing the plaintiffs’ claims and granting the defendants’ counterclaim over a cocoa farm at Asamoah near Ada within Accra Village, bounded by lands of Damfeh, the second defendant, Kofi Nwa, and Effah. The second plaintiff (Kwadwo Ababio), a cousin of the first defendant in a matrilineal family, sold two parcels to the first plaintiff, who paid deposits and later completed payment in October 2010 while the second plaintiff harvested the 2010 season cocoa. Amid illness and bereavement, the first defendant sought funds and later purported to resell the larger farm to the second defendant, who owned an adjoining farm and made payments intended as refunds. The appellate court held the second plaintiff had capacity to sell, a valid contract existed, repudiation was not proven, and the second defendant was not a bona fide purchaser due to knowledge and lack of due diligence. It set aside the High Court’s judgment, granted declaratory and injunctive relief to the first plaintiff, and awarded GH¢22,000 damages plus interest.
SOWAH, (J.A):
Background Facts:
This is an appeal by the plaintiffs/appellants from the judgment of the High Court, Nkawkaw dated 22nd March 2021 which dismissed the claims of the plaintiffs and granted all the reliefs sought by the defendants in their counter-claim.
In this judgment the parties will be referred to by their designations at the trial court.
Plaintiffs Case
The suit originally was filed on 19th October, 2010 by the 1st plaintiff against the two defendants. The 2nd plaintiff was joined on the application of the defendants.
The 1st plaintiff’s case is that in or about 2009, the 2nd plaintiff offered to sell him two parcels of farmland on condition that he purchased the smaller one first. He bought the smaller land and went into occupation thereof and has remained in occupation without hindrance from anyone. He also paid a deposit of GH¢2,000.00 for the second parcel of land out of the agreed price of GH¢8,500.00. It had been agreed that the 2nd plaintiff would harvest the cocoa for that cocoa season to recoup his expenses so he (the 1st plaintiff) did not immediately go into occupation.
The parties all agree that in August 2010, the son of the 2nd plaintiff died and the 2nd plaintiff himself fell ill. The 2nd plaintiff asked the 1st defendant (who is described as his “junior brother) to go to the 1st plaintiff for the outstanding balance of the purchase price.
According to 1st plaintiff, he could not immediately meet the request as his own mother was ill and in fact died. 1st defendant had threatened to sell the land which he warned him against. In the meantime, 1st plaintiff says in October 2010 he completed paying for the farmland on installment basis and was given a Receipt exhibit ‘A’. However when he went to the land he learnt that the cocoa had been harvested by the 2nd defendant. He learnt that 1st defendant had purported to sell the land to 2nd defendant who threatened his workers hence he filed this suit.
The 2nd plaintiff affirmed that he sold his own bona-fide property to the 1st plaintiff and that he has received full payment although on installment basis. He denied that he authorized the 1st defendant to go for money from 2nd defendant or that the 1st plaintiff ever told him he was no longer interested in the farm. He said when he was informed that the 1st plaintiff was unable to immediately pay him the balance, he asked the 1st defendant to source a loan and warned him from re-selling the farm. The 2nd plaintiff in his s