KATE DJANKWEI ABBEO (MRS.) & ANOR vs CONSTANCE PADIKE HAYFORD & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JANAPARE A. BARTELS-KODWO (MRS.)
Areas of Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court ruled in favor of the Plaintiffs, finding that the 1st Defendant breached the Sales Agreement by failing to pay the full amount for two houses by the agreed deadline. The court ordered the 1st Defendant to pay the outstanding balances plus interest to the Plaintiffs, granted declarations regarding the breach and adverse effects of dishonored checks, and ordered a judicial sale of the properties to satisfy the debt. The court also awarded general damages and costs to the Plaintiffs. The case highlights principles of contract law, burden of proof, and damages in civil litigation.
By a Writ of Summons and Statement of Claim the Plaintiffs brought this action against the Defendants making a claim for:
1. A declaration that the 1st Defendant is in breach of the Sale Agreement in respect of houses situate at Plot 3 and Plot 4; Grace Gardens, Community 19, Lashibi, in the Greater Accra Region of the Republic of Ghana.
2. A declaration that the issue of dud cheques issued by the 2nd Defendant adversely affected the opportunity of the Plaintiffs to obtain timely payments for the outstanding debts.
3. An order directed at the 1st Defendant to make full and final payment of the outstanding debts owed to the 1st Plaintiff in the sum of Seventy-Five Thousand Seven Hundred and Seventy-Four United States Dollars and Thirty-Two United States Cents (US$75, 774. 32)or its equivalent in Ghana Cedis at the date of final payment, together with the applicable interest on the said sum, calculated at the commercial banking lending rate from the 19th of June, 2014 to such final date of payment.
4. An order directed at the 1st Defendant to make full and final payment of the outstanding debts owed to the 2nd Plaintiff in the sum of Eighty-Four Thousand One Hundred and Eighty-Eight United States Dollars and Nineteen United States Cents (US$84, 188. 19) or its equivalent in Ghana Cedis at the date of final payment, together with the applicable interest on the said sum, calculated at the commercial banking lending rate from the 19th of June, 2014 to such final date of payment.
5. An order directed at the 2nd Defendant to account for all funds received as rent and or sale proceeds from dealing with the sale property.
6. General damages for breach of the sale agreement.
7. An order for Judicial Sale of Residential Properties P3 and P4 situate and being at the Grace Gardens, Community 19, Lashibi, in the Greater Accra Region of the Republic of Ghana and the proceeds applied in payment for the outstanding debt owed to the Plaintiffs.
8. Costs against the Defendants inclusive of Solicitors Fees assessed at 15% of the claim.
THE CASE OF THE PLAINTIFFS.
The 1st and 2nd Plaintiffs are both Public Servants and a lawyer and accountant respectively.
The 1st Defendant is a business woman and Managing Director of the 2nd Defendant Company whilst the 2nd Defendant is a registered company engaged in real estate business.
They averred that in the year 2007 they contracted T& T Properties of 1 Adama close, Tesano Accra a registered firm engaged in real est