HEINZ FREISEIS & ANOR v. ERIKA MAURER BREMPONG

BY COURT:

Plaintiffs by their Writ issued on 16th October, 2006 claimed the following:

1. An Order for specific performance i.e. an Order for defendant to complete the sale of the land.
2. An Order for defendant to accept ¢150,000,000.00 (One Hundred and Fifty Million Cedis) as the equitable value of the land for which ¢48,000,000,000 (Forty-eight Million Cedis) had already been paid in view of the 1 1/2 plots instead of two (2) plots with the agreed value being ¢200,000,000.00 (Two Hundred Million Cedis).
3. A further Order restraining defendant from including the 0.25 acre land plaintiffs are occupying in any future sale of her property.
4. A refund of the ¢45,000,000,000 (Forty-five Million Cedis) 1st Plaintiff paid into defendants account at Agricultural Development Bank (ADB) Nungua branch.
5. Perpetual injunction restraining the defendant, her agents, assigns etc. from having anything to do with the 0.25 acre land purchased by plaintiffs.

The Statement of Claim that accompanied the Writ stated that the plaintiffs agreed to buy the defendant’s plot of land, on which the 1st Plaintiff had then rented for two years and had put up a house on.

According to the Plaintiffs the defendant said the land was two plots and they agreed on GH¢20,000.00. An amount of GH¢4,800.00 was also paid out of the agreed sum. According to the plaintiff, after they had paid GH¢4,800.00, they requested for the Site Plan and the conveyance witnessing the transaction before final payment is effected and they said the defendant agreed to.

It was later discovered that the land consisted of one and a half plots but not two plots so they offered to pay GH¢15,000.00 instead of the agreed GH¢20,000.00. The Plaintiffs also said the 1st Plaintiff paid into the defendant’s account at ADB Nungua branch, the sum of GH¢4,500.00. The defendant later issued 3 (three) undated cheques of GH¢1,500.00 each, but 1st Plaintiff had not cashed same.

The Defendant filed an amended Statement of Defense and Counter-Claim on 19th March, 2009 with leave of the Court. The Defendant denied that she made an offer for the sale of her land that the 1st Plaintiff was then renting, rather the 1st Plaintiffs offered to buy the land and she agreed. The Defendant said the agreed price was €20,000 but was not plot to plot as alleged. This was to be paid before indenture is prepared to cover the transaction.

According to the defendant’s pleadings €4,000.00 was paid to her.