MARIAN ASSO AMEDEDJI vs REV. FATHER G AMPIM TETTEH
2018
HIGH COURT
GHANA
CORAM
- JUSTICE GEORGE BUADI J.
Areas of Law
- Contract Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for breach of contract regarding the purchase and development of land. The defendant argued the claim was statute-barred under the Limitation Act. The court held that the plaintiff's action was indeed barred as it was not filed within six years of discovering the defendant's fraudulent misrepresentation in 1992.
1. 0 Introduction
1. 1 Judicial economy demands that where there is a point of law which if set down and decided may validly dispose of the suit or some substantial issue in the suit, it shall be prudent, efficient and cost saving at the close of pleadings or shortly afterwards before trial, for any of the parties or the court itself to choose that path to dispense with calling witnesses of fact for full trial, and among, to protect itself from abuse.
Order 11 Rule 18(1)d, C. I. 47; Apenteng v. Bank of West Africa [1961]GLR 196.
1. 2 With respect to this suit, at the case management conference, considering the issues the pretrial court set down for trial, the court agreed with the lawyers and found it needful to set down for prior determination the legal issue apparent on the pleadings.
In furtherance thereof, the court asked the lawyers to file written addresses on their perspectives of the law on the issue; which is, whether or not the entire action is statute-barred by virtue of section 4 of the Limitations Act, 1972 (NRCD 54). The lawyers dutifully complied with the court’s order.
2. 0 Background facts
2. 1 On 26 July 2017, by writ of summons, plaintiff commenced this action per her lawful attorney1 against defendant for the following reliefs:
a An order for the recovery of the sum of £15, 892. 00 paid by Plaintiff to Defendant for the purchase of land and building thereon which Defendant failed to honour and the repayment of which Defendant has failed to make good despite several demands.
b Interest on the sum of £15, 892. 00 from August, 1989 till date of final payment.
c Damages for breach of contract.
d Costs including lawyers’ fees.
2. 2 The brief facts of the case is that, plaintiff is ordinarily resident in Sweden.
Defendant is a retired priest of the Anglican Church, Accra, and the maternal uncle of plaintiff.
Plaintiff’s claim is that during one of her visits back home in Ghana in 1989, and following defendant promise to assist her purchase land to develop, she made payments to plaintiff first in 1989, and further between 1990-1995 a total sum of £15, 892 for purposes of the purchase and development of the land.
1 Emmanuel Botchway According to plaintiff, on her final return back home in Ghana in 27 May 2017 after a decade of protracted and interminable ill-health in Sweden, she found out that defendant has not purchased any land to develop despite his assuring promises of having not only purchased land but also developed