FREDERICK K. NARTEY VS BIG JOE PAAKS LIMITED & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI(J)
Areas of Law
- Contract Law
- Property and Real Estate Law
- Equity and Trusts
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a land lease agreement dispute where the Plaintiff sought various reliefs due to non-payment by the 1st Defendant. Despite partial payment, the due payments were not completed, and the Plaintiff sought to re-enter the land. The case examined contract terms, the burden of proof, and the enforcement of specific performance. The court held that the 2nd Defendant's inclusion was unnecessary, determined that there was no breach needing immediate remedy, confirmed the agreed sale price of GH¢2,200,000.00, and granted limited specific performance to the 1st Defendant.
The instant Writ was issued by the head of the Nii Nartey Borboryoe Family but who in the course of the trial died and was then substituted by Bismark Nartey.
The Plaintiff sought the following reliefs; a. Declaration of title to portions of the land made up of 40acres which were lease to the 1st Defendant under an agreement dated the 23rd day of July 2014 which portions were however not paid for by the 1st Defendant.
b. A declaration that the non-payment by the Defendant of the purchase price of the said 40acres amounted to a breach of the said contract of sale which the Plaintiff was entitled to rescind or abrogate.
c. A further declaration that the acts of the Defendants in proceeding to work on the portions of the land which were unpaid for, were in breach of the said agreement and therefore amounted to a trespass.
d. An order for Recovery of Possession.
e. General damages for trespass.
f. An order of perpetual injunction restraining the Defendants, their agents, assigns, workmen etc.
from interfering with the said portion of the land which were unpaid for by the Defendants.
g. Costs inclusive of solicitor’s fees.
FACTS The facts of the case are that the Plaintiff acting as the head and lawful representative of the Nii Nartey Borboryoe of Dawhenya entered into an agreement with the 1st Defendant acting by its Managing Director the 2nd Defendant, to acquire portions of the Plaintiff’s family land out of the agreed consideration of GH¢2, 520, 000 (Two Million Five Hundred and Twenty Thousand Ghana Cedis) payable in eleven (11)instalments.
The 1st Defendant only paid GH¢200, 000. 00 (Two Hundred Thousand)covering only the first installment.
After several demands on the Defendants to make up the payment and to also submit a draft lease agreement has fallen on deaf ears, the Plaintiff wrote to the Defendants expressing their intention to re-enter the land, whereupon the parties met and negotiated further payments.
The 1st Defendant promised to pay an extra (Three Hundred Thousand Ghana Cedis) GH¢300, 000. 00 the Plaintiff’s family re-entered the land and had since leased 30 acres of the land to a Third party in order to meet its financial obligation.
The Defendants however disputed these facts and rather state that the contract they had with the Plaintiff was for the leasing of 50. 40acres of the Plaintiff’s land for a period of 99yrs and that pursuant to the said lease agreement the Defendants paid to the Plaintiff’s family a total sum of GH¢5