MANET HOUSING CO. LTD vs ADOLF ADJEI ADJETEY
October 19, 2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS.)
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
October 19, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, the parties to a substantial land dispute over approximately 66.110 acres at Okpoi-Gonno, North Teshie, Accra resolved their case by negotiated terms adopted as a consent judgment. The Plaintiff originally sought declaration of title, possession, damages for trespass, and an injunction, while the Defendant entered appearance, defended, and sought a refund of €5,000. Under the settlement, the Defendant would retain the land and pay the Ghana cedi equivalent of €62,841 in addition to the €5,000 already paid, through specified instalments culminating in December 2019. Any default would attract 10% monthly interest, and a 60-day nonpayment period would accelerate the balance, permitting the Plaintiff to levy execution. Upon full payment, the Plaintiff must execute a deed of transfer at the Defendant’s cost. The Court formally adopted these terms on 14 September 2018 as the consent judgment.
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