JIBRIL MAHAMA v. AKWASI MENSAH

AYEBI, JA

1. The issue to resolve in this appeal is whether or not the trial judge exercised his discretion properly when he heard the defendant/appellant’s motion for leave to amend the statement of defence which was later in time to the plaintiff/appellant’s motion for judgment on admission.

2. In the suit itself the plaintiff/appellant (hereinafter referred to as plaintiff) sued for a declaration of title to a piece of land situate and lying at Dome Pillar 2 Transformer Junction, an order for specific performance, perpetual injunction, recovery of possession and costs.

In the accompanying statement of claim, plaintiff pleaded at paragraph 4 that: “Plaintiff avers that it was a term of the sale and purchase agreement he entered into with defendant that he was to pay GH¢40, 000. 00 to defendant whilst the remaining balance of GH¢30, 000. 00 “shall be paid after the transfer”of the necessary land documents”.

3. The subsequent paragraphs in the statement of claim state that despite the payment of the GH¢40, 000. 00 which the defendant acknowledged, he had refused to give to the plaintiff the documents of transfer despite repeated demands.

The defendant, the plaintiff alleged trespassed on the land by re-sealing a foundation he dug, which action clearly envinced an intention to sell the land to a third party.

4. A lawyer entered an appearance for the defendant and filed a statement of defence on his behalf.

In paragraph one, defendant averred that that “save as hereinafter expressly admitted the defendant denies each and every material allegations of fact contained in the statement of claim.

In paragraph (4), the defendant pleaded: “In further denial, the defendant will contend that the said plot of land was to be sold to the plaintiff for GH¢70, 000. 00 and the plaintiff paid GH¢40, 000. 00 leaving a balance of GH¢30, 000. 00 to be paid after the transfer of the document thereof”. 5. In the subsequent paragraphs, the defendant pleaded that apart from the initial payment, the plaintiff has failed to pay the balance of GH¢30, 000. 00 and he also failed to obtain a building permit before he embarked on the development of the land.

But then he sent the transfer documents to the Municipal Chief Executive (MCE). Defendant continued that when his wife died in a gas explosion in January 2015, he informed the plaintiff and demanded the balance to perform the funeral but plaintiff refused to pay.

He had no option then than to sell the land to raise the