GH - EBENEZER BARNES v. ALFRED AMOOH

JUDGMENT

The Plaintiff filed an amended writ of summons on 7

th November, 2014, claiming the

following reliefs against the Defendant:

a. A declaration that the Plaintiff is the bona fide owner of the house numbered

SGC3/70/10, Ohwerefa, Mankessim and described more appropriately at

paragraph (a) of the said amended writ of summons

b. An order to compel the Defendant to pay rent of GHC400.00 a month from 1st

September, 2012 to the date of final ejectment of the Defendant

c. General damages for breach of contract

d. General damages for trespass

e. Costs, including legal cost for prosecuting the suit

f. Perpetual injunction restraining the Defendant, his agents, assigns, personal

representatives, etc., from having anything to do with the building and land in

dispute

g. An order of the Court ejecting the tenant from the disputed house.

Per his statement of claim filed on 29th January, 2014, the Plaintiff explained that he

acquired a parcel of land and built the seven bedroom self-contained house with toilets

and bathrooms and rented same to tenants, including the Defendant herein in 1999. He

said the Defendant was made to pay GHC25.00 a month because he was occupying the

master bedroom and he appointed Philip Sam, PW1, as caretaker because he lived and

worked in Kumasi at the time.

According to the Plaintiff, in 2009, he decided to sell the property and therefore, at the

expiration of the required notice, all the tenants vacated the property except the

Defendant who expressed interest to purchase the property. He claimed that in July

2010, he and the Defendant went into negotiations and agreed on the price of the house

at GHC56,000.00 to be paid in full by the Defendant within two weeks.

The Plaintiff further stated that all this while, the Defendant was living in the house

without paying any rent but after persistent demands, he made an initial payment of

GHC5,000.00 in August 2010 towards the purchase of the property. He said that the

Defendant also issued a post-dated cheque for GHC40,000.00 to him but on the due date

when he went to cash the cheque, it was dishonoured by the bank but afterwards, the

Defendant paid a further GHC5,000.00, bringing the total amount paid by the

Defendant to GHC10,000.00.

The Plaintiff again stated that after a while when the Defendant was not making any

further payments towards the purchase of the house, he, together with his wife and

caretaker, approached him and told him that since he had