GABRIEL GBORBLESHIE v. MAC DAN
2015
COURT OF APPEAL
GHANA
CORAM
- S. E. KANYOKE, J.A. (PRESIDING)
- F.G. KORBIEH, J.A.
- MARGARET WELBOURNE (MRS.), J.A
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute over the remaining purchase price of a property sold by the deceased to the defendant. The High Court initially ruled in favor of the plaintiff, saying the defendant owed $3,600. Upon appeal, it was found that the High Court's judgment was against the weight of the evidence presented. The appellate court established important legal principles regarding burden of proof in civil cases, evaluation of evidence, and the inadmissibility of parole evidence to alter written agreements. The appellate court set aside the High Court's judgment and ruled in favor of the defendant.
J U D G M E N T
F.G. KORBIEH, J.A.
This is an appeal from the judgment of the High Court, Accra.A summary of the facts leading to the appeal is as follows. On the 10/4/2001, the plaintiff/respondent herein sued the defendant/appellant herein in the High Court, Accra claiming against the latter the following reliefs:
1. US$3,600.00 or its cedi-equivalent being the remainder of the purchase price of House No. B848/23, Fadama in the Accra metropolis purchased by the appellant from the respondent’s predecessor-in-title, Enoch Komi Gborbleshie (deceased).
2. Interest on the said sum from December, 1995 to the date of judgment.
3. Costs.
The plaintiff sued as the administrator of the estate of one Enoch Komi Gborbleshie (deceased). In the statement of claim accompanying the writ (as amended), the plaintiff averred as follows: that Enoch Komi Gborbleshie (deceased) had been the owner of House No. B848/23, Fadama, Accra and that during his life-time he had agreed to sell the said house to the defendant for C7,000,000.00 on condition that the defendant paid the purchase price in US dollars amounting to US$6,000.00; that even though the property had been conveyed to the defendant, he had paid only US$2,400.00 to Enoch Komi Gborbleshie (deceased) (hereinafter only referred to as the deceased) leaving a balance of US$3,600.00 which the defendant had caused to be invested in Mogema Industries Limited for the plaintiff “with a quarterly and yielding a monthly interest of 150 US dollars” and that the defendant thus owed the plaintiff US$3,600.00 as administrator of the estate of the deceased; that the defendant had consistently refused to pay the outstanding balance despite the demands made on him.
In his statement of defence, the defendant admitted that he bought the house in question from the deceased for C7,000,000.00 but denied that he agreed to pay the purchase price in US dollars. The defendant further averred as follows: that the deceased vendor of the house had collected various sums of money totaling C878,000.00 from him and these payments were covered by a receipt dated 19/7/1995; that in addition to that, he had paid the following sums of money to the deceased vendor: US$4000.00 which the deceased had changed into cedis amounting to C4,533,000.00 for which the vendor gave him a receipt dated 20/7/1995, C100,000.00 given to the deceased vendor to open an account at Barclays Bank on the 10/11/1997, C1,155,000.00 paid into the Barclays Bank account of t