KOFI AGGREY & ANOR VS TRACOAF ESTATES LIMITED & ANOR

In an earlier Writ of Summons filed on the 26th April, 2017, the Plaintiffs obtained Default Judgment against the 1st Defendant on the 8th February, 2018 and during the execution process, the 2nd Defendant was seen in occupation of the land.

She successfully applied to set aside the execution and the Judgment entered by the Court on the 31st October, 2019, whereupon she was joined to the suit as the 2nd Defendant.

In the final Amended Writ of Summons and Statement of Claim filed on the 18th August, 2020, the Plaintiffs claimed against the Defendants the following reliefs: “a. An order of the Court for the cancellation of the Land Title Certificate No. GA 57486 Volume 47 Folio 123 dated 18th January 2019 issued in the name of the 2nd Defendant on grounds of fraud, mistake and misrepresentation.

b. An Order of the Court for the 1st Defendant to complete execution of the indentures submitted to the Plaintiffs.

c. An Order of the Court directed at the 1st Defendant to furnish and execute all documents as required by Ghana Home Loans to secure the perfection of the Plaintiff’s interest in the property.

d. An Order of the Court compelling the Defendants to give possession of the property to the Plaintiffs.

e. An Order of interlocutory injunction to restrain the Defendant, its agents, assigns or privies from disposing off the property being the subject matter in dispute pending the determination of the instant suit.

f. Costs of the action including lawyers’ fees.

g. Any other remedy that the Honourable Court may deem fit.

The Case of the Plaintiffs The Plaintiffs, who sued through an attorney are Ghanaians currently domiciled in the USA.

The 1st Defendant is a Limited Liability Company registered under the laws of the Republic of Ghana engaged in real estate business among others, while the 2nd Defendant was unknown to the Plaintiff but for the suit.

According to the Plaintiffs, on the 10th January 2013, the 1st Defendant made an offer of a four-bedroom semi-detached house at its Spintex Development to them for Eighty Thousand United States Dollars (US$80, 000). Per the terms of the sale, the Plaintiffs were to make a down payment of Twenty-Nine Thousand Eight Hundred Dollars (US$ 28, 900) to the 1st Defendant, which said sum has been duly paid and receipted.

It was agreed between the Plaintiffs and the 1st Defendant that the remaining sum of US$50, 200 would be financed by Home Finance Company Limited by way of mortgage financing in terms of a facili