GH - KINGSLEY AWUAH-DARKO vs CP CONSTRUCTION PIONEER

MOTION ON NOTICE FOR SUMMARY JUDGMENT

Plaintiff Applicant prays this court for summary judgment against Defendant Respondent for the following reliefs:

a. A full refund of Nine Hundred and Fifty Thousand, Five Hundred and Ninety-Three US Dollars (USD950,593.00) being the balance of the amount paid to Defendant for the purchase of House No. 19 Adomi Road, Airport Residential Area.

b. Costs.

According to Plaintiff Applicant (Applicant), he entered into a contract of sale with Defendant Respondent (Respondent) for the sale of the above-mentioned property at a purchase price of US$2 million (Exhibit KKAD “A”) and was able to pay a total amount of US$1,450,593.00 out of the said amount.

Applicant alleges that because of his extremely busy schedule, he instructed Respondent to continue the transaction through Luxon Realty Limited acting per its Director Pamela Asha Bello-Yingling; which was duly complied with.

That because he could not pay the full amount within the period agreed upon, Respondent abrogated the contract and paid the amount of US$500,000.00 to First Atlantic Bank Ltd on his behalf to settle his indebtedness with the said Bank (Exhibit KKAD “G”).

Having paid the above amount on his behalf, Respondent changed its position of refunding the outstanding amount to him to insisting that it will make payment only to Luxon Realty Limited.

According to Applicant, the two Directors of Luxon Realty Limited, one Edwin Obiri and Pamela Asha Bello-Yingling have in various documents stated that the said Company only acted as a Trustee for him (Applicant) and so had no interest in the funds paid for the purchase of the property (Exhibit KKAD “H” and Exhibit KKAD “J”)

That to date, Respondent has refused to refund to him the outstanding amount of Nine Hundred and Fifty Thousand, Five Hundred and Ninety-Three US Dollars (USD950,593.00) and will not do so unless compelled by the Court.

Respondent is opposed to the instant application. According to Respondent, it rescinded the Contract of Sale by a letter dated 13th October 2015 (Exhibit CMO2) when Applicant could not make the payment as agreed upon.

Respondent alleges that after the said rescission, Applicant introduced Luxon Realty Limited to Respondent as a potential buyer. That Respondent and the said Luxon Realty Limited entered into a Contract of Sale for the purchase of the said property (Exhibit CMO3).

That Applicant informed Respondent that Luxon Realty Limited had refunded to Applicant all monies

MOTION ON NOTICE FOR SUMMARY JUDGMENT

Plaintiff Applicant prays this court for summary judgment against Defendant Respondent for the following reliefs:

b. Costs.

Having paid the above amount on his behalf, Respondent changed its position of refunding the outstanding amount to him to insisting that it will make payment only to Luxon Realty Limited.

That Applicant informed Respondent that Luxon Realty Limited had refunded to Applicant all monies

KINGSLEY AWUAH-DARKO vs CP CONSTRUCTION PIONEER

Areas of Law

RULING