FINEST OIL CO. LTD VS VICTOR ATABA
2016
HIGH COURT
GHANA
CORAM
- REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sued Defendant over the retention of a land title certificate after an agreed land sale and payment. Defendant counterclaimed with allegations of fraud by Plaintiff. Upon trial, the court found Plaintiff's claims valid, dismissed the allegations of fraud, and ordered Plaintiff to pay the remaining balance of US$35,625, with Defendant required to deposit the land certificate into court for Plaintiff.
Plaintiff issued a Writ of Summons and Statement of Claim against Defendant for the following reliefs: a) An order for Defendant to deliver the land title certificate to Plaintiff. b) Costs including Solicitor’s fees. Defendant entered appearance and filed a Statement of Defence on 14th and 24th April respectively.
PLAINTIFF’S CASE
Plaintiff says it entered into an agreement for the lease of land situate at Mpeasem, East Legon. Plaintiff says the terms of the agreement were 0.714 acres of land for 99 years at the cost of ninety-nine thousand dollars (US$99,000). Plaintiff said they agreed that the exchange rate would be GH¢2.8 = US$1. It was agreed that Plaintiff would pay half the price upfront and the remaining balance on the transfer and registration of the land in Plaintiff’s name. Plaintiff said it fulfilled its part of the agreement and paid additional monies totaling GH¢166,000 which equals US$59,285.71. Plaintiff says there remains an outstanding balance of US$35,741.29 to be paid to Defendant. Plaintiff said when Defendant completed the registration, it gave an authority note to enable Defendant to collect the Land Certificate which was delivered to Plaintiff. Plaintiff said there was a disagreement about the exchange rate to be used for the remaining balance. Plaintiff said Defendant’s attitude was causing embarrassment, so Plaintiff returned the Land Certificate to Defendant. Plaintiff says since then Defendant has been advertising the land for sale to prospective buyers. Plaintiff said he spent about GH¢200,000 in walling the land and constructing a drain which runs across the land. Plaintiff said sometime in March 2015 Defendant sent armed men onto the land who destroyed a wooden kiosk inhabited by his caretaker amid firing of gunshots. Plaintiff said in response to a letter from Defendant’s solicitor, Plaintiff demanded the return of its land certificate in exchange for the remaining balance of the cost of the land. Plaintiff said the attitude of Defendant shows the intention of holding onto the certificate and to transfer the land to a third party.
In Plaintiff’s Reply to Defendant’s Statement of Defence, Plaintiff denied any fraudulent behavior on its part. Plaintiff said that Defendant introduced himself as a brother of the Assignor and that when Defendant brought the Deed of Assignment to him, it had already been executed with Defendant as a witness except for the portion to be signed by Plaintiff. Plaintiff said when Defendant submitt