EMMANUEL GABI-DAVIES & ANOR VS RICHARD ANUM OFOLI & ANOR

The facts of this case are that sometime in 2009, the Plaintiffs, who were looking for a parcel of land, on which to establish a school, approached the Defendants, who offered to sell to them twenty (20) plots of land, situate at Oyarifa in Accra.

At the time of the transaction, a plot of land went for Six Thousand Ghana Cedis (GHȼ6, 000. 00) and therefore the Plaintiffs were to pay an amount of One Hundred and Twenty Thousand Ghana Cedis (GHȼ120, 000. 00)for twenty (20) plots of land.

The Plaintiffs accepted the offer and proceeded to pay to the Defendants an amount of Seventy-Seven Thousand Ghana Cedis (GHȼ77, 000. 00) which, they claim, was the equivalent of thirteen (13) plots of land, leaving a balance of Forty-Three Thousand Ghana Cedis (GH¢43, 000. 00) to be paid upon execution of the conveyance.

Subsequently, the Defendants informed the Plaintiffs that there was litigation over the land they had offered to sell to them and promised to transfer same to the Plaintiffs after the resolution of the dispute.

In the meantime, the Defendants prepared an unsigned lease covering four (4) plots of land which they handed over to the Plaintiffs while awaiting the outcome of the suit.

The Plaintiff’s case is that in spite of the fact that the said dispute was resolved in favour of the Defendants, as far back as, 24th January 2014, the Defendants have failed or refused to fulfil their side of the bargain by conveying the twenty plots of land agreed upon to the Plaintiffs.

Plaintiffs claim that in addition to the Seventy-Seven Thousand Ghana Cedis (GH¢77, 000. 00)they paid to the Defendants they have also made payments of Three Thousand Ghana Cedis(GHȼ3, 000. 00) for survey fees and preparation of documents for the land and expended an amount of One Hundred and Ten thousand Ghana Cedis (GHȼ110, 000. 00) to purchase a tipper truck, a concrete mixer, iron rods, cement and other building materials in preparation for their school project.

Plaintiffs further claim that the Defendants are seeking to enrich themselves unjustly by taking advantage of the enhanced value of land to sell it at a higher price to another purchaser.

They claim that the current value of the thirteen plots of land they paid for is approximately Three Hundred and Ninety Thousand Ghana Cedis (GHȼ390, 000. 00). They further maintain that their decision to establish a school in the Oyarifa area was based on the peculiar features of the land.

When the Defendants failed to fulfil their side of