Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ENOCH SIAW ANGMLERH v. EMMANUEL TETTEH OGLIE & ANOR

2012

HIGH COURT

GHANA

CORAM

  • EMMANUEL TETTEH OGLIE

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

This case involves a dispute over leased land between the plaintiff and the defendants. The plaintiff leased two plots of land from the defendants for GH¢2000.00 but was later ordered to leave the village and found the land developed by someone else. The court determined that the GH¢2000.00 was full payment for the land, not a partial payment as claimed by the defendants. The judge ruled that the cause of action against the original 1st defendant for ordering the plaintiff to leave the village lapsed with his death. As a remedy, the court ordered the defendants to refund the GH¢2000.00 to the plaintiff with interest from July 2004 to the date of final payment, calculated at the prevailing rate as simple interest. The court chose this remedy over determining a replacement value for the land due to the difficulty in ascertaining its current value after the passage of time. The case highlights principles of property law, contract law, and civil procedure, particularly regarding the survival of causes of action and equitable remedies in failed land transactions.

JUDGMENT