FRANK DARKO AND DANIEL KWEI-KUMAH SACKEY v. NELSON MARLEY
November 29, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE WILLIAM BOAMPONG
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
November 29, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by His Lordship Justice William Boampong concerns a failed land transaction for 30 plots in Dawhenya in which the Plaintiffs paid the Defendant GH148,000 and undertook additional expenditures toward developing a filling station, including payments to the Lands Commission, taxes to the Ghana Revenue Authority, a cadastral plan, transport for court service, and design services from WA1 CONSULT. Two fuel tanks purchased for GH38,000 and transported to the site were damaged due to the ongoing dispute. After judgment on admission was entered against the Defendant for GH118,000, the Defendant failed to appear for assessment of damages despite being duly served. Relying on Supreme Court authorities (Ankumah, Alabi, and Kusi) on default and issues not joined, the Court ordered interest from September 2014 at the prevailing bank rate on the principal sum, awarded general damages of GH40,000, and awarded costs of GH20,000 against the Defendant.
J U D G M E N T
The Plaintiffs claim against the Defendants are for:-
a) The sum of One Hundred and Forty Eight Thousand Ghana Cedis
(GH¢148,000.00) being monies received by the Defendant for the
purchase of 30 plots of land which did not materialize.
b) Interest on the above from September, 2014 till date of judgment.
c) Damages for breach of contract.
d) Cost.
e) Legal fees
f) Any order or reliefs
On the 19th day of July 2017, Judgment on admission was entered against the
Defendant for GH¢118,000.00. The Court then ordered the Plaintiff to serve
the Defendant with a Hearing Notice to enable the Court to assess damages.
The case from the 14th day of June, 2017 suffered a chequozed history until 21st
July 2022 when the Court took evidence from the Plaintiffs on assessment of
damages.
1st Plaintiff offered a Witness Statement. He states that he incurred so much
cost relative to the land transaction which is the subject matter. Plaintiffs
numerates their cost as follows:
1. Plaintiffs registered the subject matter with the Lands Commission in
payment of GH¢15.00 was made per Exhibit ‘B’.
2. Defendant was paid GH¢1,500.00 for the preparation and execution
and signing of the indenture and site plan.
3. Plaintiffs paid Domestic Tax Revenue amounting to GH¢216.00 per
Exhibit ‘C’.
4. Plaintiffs paid GH¢281.50 tax to the Domestic Tax Division of the
Ghana Revenue Authority per Exhibit ‘D’.
5. Payment of GH¢1,500.00 was made for the cadastral plan of the subject
matter.
6. Plaintiffs incurred transport cost of GH¢1,200.00 on twelve attempts
from Community 19, Lashibi to Dawhenya for services of Court process
at GH¢100.00 per visit.
7. Purchase of two (2) fuel tanks and deposited same on the land
amounting to GH¢38,000.00 per Exhibit ‘E’ series.
8. Plaintiffs incurred cost of transporting the two (2) fuel tanks to the site
amounting to GH¢2,000.00. See Exhibit ‘F’ which depicts pictures of
tanks.
9. That the two (2) fuel tanks got damage as a result of the dispute on the
land.
See Exhibit ‘G’.
st Plaintiff says he made payment to WA1 CONSULT, Architects and
Built Environment Consultant for the design of a filling station at
Dawhenya, Accra amounting to GH¢6,000.00 per Exhibit ‘H’.
st Plaintiff says he made payments of various amounts of money to
Defendant totaling GH¢148,000.00 in respect of the disputed land per
Exhibit ‘J’.
12. Pursuant to this action, the Plaintiffs spend GH¢8,000.00 on legal
expenses.
st