MANET HOUSING CO. LTD vs ADOLF ADJEI ADJETEY
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS.)
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a land dispute in Ghana that was settled out of court. The Plaintiff initially claimed title to a 66.110-acre land in Okpoi-Gonno, North Teshie, Accra, seeking declaration of title, recovery of possession, damages for trespass, and injunction. The Defendant counterclaimed for a refund of €5,000 paid to the Plaintiff. Before the trial, the parties agreed to settle. The settlement terms allow the Defendant to retain the disputed land for a total purchase price of €67,841, including the €5,000 already paid. The remaining €62,841 is to be paid in installments with specific deadlines. If the Defendant defaults, a 10% monthly interest applies, and the entire balance may become due after 60 days of non-payment. Upon full payment, the Plaintiff will transfer the title to the Defendant. The settlement agreement was adopted by the court as a consent judgment, effectively resolving the dispute without a full trial.
TERMS OF SETTLEMENT
WHEREAS:
1. By a writ of summons issued by the Plaintiff against the Defendant on 2nd July 2014, the Plaintiff claimed reliefs as follows:
(a) Declaration of title to all that land situate lying and being at Okpoi-Gonno, North Teshie, Accra in the Greater Accra Region of the Republic of Ghana and containing an approximate area of 66. 110 acres more or less, bounded on the North by lessor’s land measuring 1100 feet more or less, on the West by lessor’s land measuring 2710 feet more or less and on the South by lessor’s land measuring 690 feet more or less and on the East by lessor’s land measuring 990 feet or more or less.
b) Recovery of possession.
c) Damages for trespass.
d) Perpetual injunction.
e) Further or other orders.
2. The Defendant caused an appearance to be entered for him, filed a statement of defence on 15th December 2014 and also counterclaim against the Plaintiff as follows:
(a) A refund of the Five Thousand Euros (€5, 000. 00) paid to the Plaintiff.
3. Pleadings have closed, directions have been taken and the Plaintiff has filed its witnessed statement but Defendant is yet to file his for the trial to proceed.
THE PARTIES HAVE NOW AGREED TO AMICABLY SETTLE THE SUIT UPON TERMSAS FOLLOWS:
1. The Defendant shall retain the disputed land and to pay the Plaintiff the sum of the Ghana Cedi equivalent of Sixty-Two Thousand, Eight Hundred and Forty-One Euros(€62, 841. 00) in addition to the Five Thousand Euros (€5, 000. 00) paid earlier on as the purchase price for the disputed land.
2. The Ghana Cedi equivalent of Sixty-Two Thousand, Eight Hundred and Forty-One Euros(€62, 841. 00) shall be paid by the Defendant in instalments as follows:
(a) Ten Thousand Euros (€10, 000. 00) on the execution of this terms of settlement.
b) Twenty Thousand Euros (€20, 000. 00) on or before 31st December 2018.
c) Twenty Thousand Euros (€20, 000. 00) on or before 31st July in the year 2019.
d) The final balance of Twelve Thousand Eight Hundred and Forty-One Euros (€12, 841. 00) on or before 31st December 2019.
3. If the Defendant shall default on any of the payment schedules, the amount shall immediately upon the said default attract ten percent (10%) interest per month until the date of final payment.
However where any due payment shall remain unpaid for a period of Sixty (60) days, the whole balance outstanding shall become due by reason of the said default.
4. Where the whole balance of the purchase price become due by