HEINZ FREISEIS & ANOR v. ERIKA MAURER BREMPONG
May 28, 2009
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP MR. JUSTICE S. H. OCRAN
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
- Equity and Trusts
May 28, 2009
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court decision by Mr. Justice S. H. Ocran addresses a land sale dispute between the Plaintiffs and the Defendant involving a plot the 1st Plaintiff had rented and on which he built a house. The parties agreed on a price of GH¢20,000 for land described by the Defendant as two plots, and Plaintiffs paid GH¢4,800 but later sought a reduced price upon believing the land measured one and a half plots. The court held that both parties knew the property and that the phrase “two plots” did not warrant a reduction absent dimensions. Although the agreement was not reduced to writing per the Conveyancing Decree, Plaintiffs’ part performance estopped them from resiling. Plaintiffs also failed to prove an alleged GH¢4,500 deposit at ADB; the cheques were for construction. The court dismissed Plaintiffs’ claims, awarded Defendant commercial bank rate interest on unpaid balances, ordered payment of GH¢5,000, and granted costs of GH¢1,500.
Plaintiffs by their Writ issued on 16th October, 2006 claimed the following:
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.