GEORGE BRANDSFORD ESSILFIE vs JOSEPH ANDOH & ors
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SOPHIA R. BERNASKO ESSAH (MRS.)
Areas of Law
- Contract Law
- Evidence Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff challenged the auction and sale of his property alleging fraud by the defendants. Despite defaulting on a loan, resulting in the auction, the plaintiff contended the sale was fraudulent. The court ruled that the plaintiff failed to prove fraud and dismissed the case, highlighting the need to provide convincing evidence of fraudulent actions and recognizing the principles of res judicata to avoid relitigation of settled matters.
On the 11th of September 2013, the plaintiff herein a business man in Prestea - Huni Valleycommenced the instant action against the 1st defendant a purchaser of his property and a golddealer in Prestea; the second defendant an auctioneering enterprise and the 3rd defendant aCommercial bank in Ghana seeking the following reliefs i) An order to set aside the sale of the plaintiff’s residential property situate at Prestea due to the fraud perpetuated by the defendants.
ii) An order of perpetual injunction on the defendants, their agents, assigns, privies and agents from claiming or having anything to do with the said property.
iii) An order for recovery of possession of the said property from the 1st defendant who claims he has bought the property.
iv) Damages for trespass.
v) Any further order(s) as this honorable court may deem fit so to order in the circumstances.
Plaintiff alleges that on the 21st of March 2007 he applied for a loan from the 3rd defendant toassist him buy a truck to expand his business.
Having been given the loan, the vehicle wasinvolved in 3 different accidents resulting in setbacks in the payment of the loan.
He however continued to pay the loan until he was hospitalized.
That as a result of the hospitalization he was not served with any processes neither were hisprevious lawyers informed about any process to sell his house after he defaulted in therepayment of the loan.
Rather on the 30th of September 2011, a friend alerted him to an advert in the newspapers whichsought to serve him through substituted service of an entry of judgment to sell his property thesubject matter of this action.
That 3rd defendant applied to auction his private residence where he resided with his family.
Various processes filed by his solicitors to pay the judgment debt in installment were dismissedby the court.
That before the auction and upon a mining company indicating its preparedness to payGH80, 000 for the property, plaintiff requested for valuation report of the property from hisvaluer which was given as GH93, 000. However before the property could be transferred to the said buyer the 2nd defendant with theconnivance of the 3rd defendant transferred the property to the 1st defendant in a bizarrecircumstances at a price of less than half of the valuation price.
Dissatisfied with the turn of affairs, plaintiff applied for an interim injunction to restrain allparties from having anything to do with the property.
During the pendency of the inj