KWASI AGYEMAN & ANOR vs MS. BENEDICTA OYO ASANTE
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court of Ghana, presided over by Justice Gifty Agyei Addo, two buyers sued a land seller over a failed land transaction concerning a parcel at Amrahia, Accra. The seller represented ownership and agreed to transfer title and deliver possession within three months after receipt of GH¢40,000 plus GH¢550 for registration. The buyers paid the total GH¢40,550 between June and July 2018 and, after non-performance, demanded a refund, culminating in a final demand requiring payment by 30 November 2018. The writ was personally served on 21 December 2018, but the defendant did not enter appearance or oppose the motion for judgment in default. Applying Order 10 Rule 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), the court entered judgment for recovery of GH¢40,550, awarded accrued interest at the prevailing commercial bank lending rate from July 2018 to final payment, refused general damages for lack of evidence and because interest compensates the inconvenience, and granted costs of GH¢3,500.
The Plaintiffs mounted this action against the Defendant on 13th December, 2018 for the following reliefs:
a) An order for recovery of GH ¢40, 550. 00 from the Defendant;
b) Accrued interest on the said GH¢40, 550. 00 at the prevailing commercial bank rate from July, 2018 to date of final payment;
c) General damages for breach of contract; and
d) Costs, including legal costs.
The gravamen of the Plaintiffs’ case is contained in paragraphs 3 to 11 of the Statement of Claim, a summation of which is as follows: According to the Plaintiffs, in or around June, 2018, the Defendant represented to them that she was the owner of a parcel of land located at Amrahia, Accra and offered the said parcel of land to the Plaintiffs for sale The Plaintiffs state further that after several deliberations and discussions, the parties agreed and fixed the purchase price of the land at GH₵40, 000. 00, with the cost for registration of the said land fixed at GH₵550. 00. The Plaintiffs continue that the parties further agreed that within three months of the payment of the full purchase price, the Defendant was to transfer her title in the land to the Plaintiffs and also place the Plaintiffs in possession of the land.
The Plaintiffs further state that they paid the said GH₵40, 550. 00 to the Defendant, as agreed, between June, 2018 and July, 2018. It is also the case of the Plaintiffs that notwithstanding the fact that they have paid the full purchases price as well as the cost for the registration of the land to the Defendant, the Defendant has failed to transfer title of the land into their joint names and has also failed to put the Plaintiffs in possession of the said land.
It is the claim of the Plaintiffs that following the failure of the Defendant to comply with the terms of the agreement, they informed her to refund their monies on several occasions.
That the Defendant failed to refund same.
The Plaintiffs also state that their lawyer therefore wrote a final demand notice to the Defendant notifying her of the breach of contract and requested her to refund the entire contract sum on or before 30th November, 2018. That after their lawyer’s letter was personally delivered to the Defendant, the Defendant neither responded nor complied with the contents of the letter, for which they were left with no other option than to mount the instant action to recover their money.
The Writ of Summons and Statement of Claim, per the Court records, were personally served on the Defen