ISAAC DARKWAHENE BOATENG v. KWASI STEPHEN QUARSHIE & ANOTHER
2021
COURT OF APPEAL
GHANA
CORAM
- KWOFIE JA (PRESIDING)
- A. A. GAISIE JA
- ADJEI FRIMPONG, JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Amma A. Gaisie JA, reviewed an appeal by Isaac Darkwahene Boateng from a High Court ruling that joined Enoch Francis Annan Tetteh, head and lawful representative of the Okpong-We family, to Boateng’s specific performance action against the Defendant concerning land at Djornman, East Legon, Accra. Boateng’s 2016 agreement priced the property at US$120,000 with a US$10,000 part payment, and the balance due if he prevailed against the Defendant’s grantor, Clifford Ayeh Darko, in title litigation. After Justice S. H. Ocran declared title in Boateng in April 2017, the Okpong-We family sought joinder, alleging their allodial ownership and fraud in Boateng’s grantor’s lease, and relying on a 2011 judgment. Applying Order 4 r 5(2), the Court held the co-defendant’s presence necessary to resolve triable issues and avoid multiplicity of suits, dismissed the appeal, remitted the case for trial, and awarded costs against Boateng.
JUDGMENT
AMMA A. GAISIE (MRS.) JA
This appeal is from a Ruling of the High Court dated 23rd May, 2019 wherein the learned trial judge granted an application for joinder of Enoch Francis Annan Tetteh, the Head and lawful Representative of the Okpong We family to the Suit herein.
The facts of this case are as follows:
On 10th October, 2017 the Plaintiff/Appellant (hereinafter referred to as the Plaintiff) issued a Writ of Summons and a Statement of Claim in the Commercial Division of the High Court against the Defendant claiming the following reliefs:
“a) Specific Performance of the sale and purchase agreement between Plaintiff and the Defendant for the Plaintiff’s interest in all that piece and parcel of land situate and lying at Djornman, East Legon, Accra in the Greater Accra Region of the Republic of Ghana, and measuring 79.3 feet more or less along the Northern boundary; and measuring 99.4 feet more or less along the Eastern boundary; and measuring 75.8 more or less along the Southern boundary; and measuring 101.2 feet more or less along the Western boundary and covering a total area of approximately 0.18 acres more or less, particularly delineated on the site plan.
b) Recovery of the full market value of the property in dispute, valued at One Hundred and Twenty Thousand United States Dollars (US$120,000.00), less the part payment of Ten Thousand United States Dollars (US$10,000.00).
c) Interest at the prevailing Commercial Bank rate from the 28th day of April, 2016 to date of final payment.
d) Damages for breach of contract.
e) Any Order or Orders.”
PLAINTIFF’S CASE
In his Statement of Claim Plaintiff states he is a businessman and the leasehold owner of a piece and parcel of land situate and lying at Djornman, East Legon, Accra and acquired same for valuable consideration AND was let into vacant possession. The Plaintiff states further that he instituted an action in the Land Division of the High
Court, Accra against one Clifford Ayeh Darko in a case titled Isaac Darkwahene Boateng vs Clifford Ayeh Darko, Suit No. FAL/571/14 for a declaration of title to the said land and other reliefs. The Plaintiff avers that, prior to the judgment in suit No. FAL/571/14, the Defendant in this case who claimed to have purchased an assignment of the property from the said Clifford Ayeh Darko informed Plaintiff that he, the Defendant herein wanted to retain the assignment of the property in himself, no matter the outcome of the Suit herein. Plaintiff avers