FAUSTINA TRACHSEL VS WOODFIELDS DEVELOPMENT CO. LTD
2022
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE, J.A (PRESIDING)
- MERLEY A. WOOD (MRS), J.A
- ERIC BAAH, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
- Tort Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arose after the Accra High Court dismissed the Plaintiff’s application to join Lawyer Kwasi Owusu-Agyemang as a second defendant in a dispute over two plots in Woodfields Estate. The Plaintiff, a Ghanaian resident in Switzerland, bought the plots through the lawyer and paid US$26,000, but was later confronted by Defendant’s staff demanding US$35,000 per plot as a development fee. She sued for declarations that the fee breaches the sale agreement and is unconscionable and for orders to develop and obtain title. The Court of Appeal analyzed joinder under Order 4 rule 5 of CI 47 and authorities including Gurtner, Sai v Tsuru III, and Ballmoos, and found the Right of Entry documents were received by the lawyer, making his presence necessary to address key issues like consideration and alleged misrepresentation. It set aside the High Court’s refusal of joinder and allowed the appeal entirely, deeming the ‘weight of evidence’ ground superfluous.
MERLEY A. WOOD
In this interlocutory appeal against the ruling of the High Court, Accra, delivered on 22nd April, 2021, the Plaintiff/Appellant seeks the setting aside of the aforesaid Ruling.
The antecedents of this case are that the Plaintiff/Appellant (hereafter referred to as the Plaintiff or alternately as the Appellant) on 2nd September 2020 sued out a Writ of Summons and a Statement of Claim against the Defendant/Respondent (hereafter referred to as Defendant or alternately as Respondent) in the General Jurisdiction of the High Court for the following reliefs: i. A declaration that a charge of US$35, 000. 00 described by the Defendant as development fee, is in breach of the sale and purchase agreement between the two parties.
A further declaration that the said development fee of US$35, 000 (or its equivalent) is unconscionable, arbitrary, capricious, unreasonable and same ought to be struck out.
An order that Plaintiff be allowed to develop the two plots of land, Plot Nos.
7 &9, Block No. 38, Woodfields Estate, Nmai Djor, Accra iv.
A further order for Defendants to execute a transfer of title in Plaintiff’s name for the two plots purchased.
v. Cost. The Plaintiff as per his Statement of Claim, is a Ghanaian ordinarily resident in Switzerland while the Defendant is a real estate development company and a sister company of Comet Properties Limited.
According to the Plaintiff, sometime in 2012, she bought two plots of land at a cost of Twenty Six Thousand Dollars (US$ 26, 000. 00) from the Defendant through lawyer Owusu Agyeman who had been gifted the land by the Defendant for his services to the Defendant Company.
She avers that the only other obligation she was made aware of apart from the purchase price, was the ground rent of One Hundred Ghana Cedis (GHȼ100. 00) per plot for a year.
She protested vehemently when she attempted to develop the land and was confronted by staff of the Defendant who demanded a development fee of Thirty Five Thousand Dollars (US$35, 000. 00) per plot, making a total of Seventy Thousand Dollars ($70, 000. 00). The conduct of the Defendant, she avers, amounts to fraudulent misrepresentation, as a material condition of the contract was not disclosed to her at the time of the transaction.
All attempts to persuade the Defendant to waive or reduce the development fee has yielded no result.
The Defendant entered appearance through its lawyer on 19th October 2020 but failed to file a Statement of Defence and so the P