MCJOHN ODEI CLEVE v. RAPHAEL ABDALLAH SEMEKOR

JUDGMENT

Introduction:

[1] In or about May 2014, Mr. Odei Cleve, as Purchaser, and Raphael Semekor entered into an agreement for the purchase of two and half (2.5) plots of land situate at Ablekuma Borkorborkor Junction in Accra. Mr. Odei Cleve contends that the agreed amount of Thirty Six Thousand Five Hundred Ghana Cedis (GH¢36,500) was paid to Mr. Semekor, the Defendant herein. According to the Plaintiff prior to the payment for the land he asked the Defendant to furnish him with his title documents to enable him conduct a search at the Lands Commission. The Plaintiff contends that the Defendant gave him many excuses without giving him the title documents except a site plan.

[2] The Plaintiff contends that after the payment of the money the Defendant released the parcel of land to him and he developed same to an advanced stage but just as he was about to complete same, the Tipper Truck Union Group in Accra made adverse claim to the same piece of land and so he stopped work. It is the case of the Plaintiff that when the Defendant was made aware of the development he agreed to replace the land and the parties executed a Memorandum of Undertaking (MoU) to that effect but he failed to comply with the terms of the MoU.

[3] The Defendant pleaded that the Plaintiff paid to him an amount of Twenty Seven Thousand Ghana Cedis (GH¢27,000) in bits and after the last payment he executed a deed of assignment and assigned his interest to the Plaintiff. He also pleaded that he handed over to the Plaintiff a copy of his deed of assignment and the “Plaintiff was actually put into possession of the land and he constructed a washing bay on the land and worked on the land for several years”. According to the Defendant after delivering the land to the Plaintiff he was not aware of any ‘Tipper Trucks Union laying claim to the land”. The Defendant contends that having assigned his interest to the Plaintiff he no longer had any capacity to challenge the allege transport union for the land without the involvement of the Plaintiff.

[4] Among the issues for my determination are whether or not the Defendant breached the agreement to sell the two and half pieces of land to the Plaintiff and whether or not the undertakings/promise given by the Defendant to replace the parcels of land failed?

ii. The Claim & Defence:

[5] The Plaintiff‘s Writ of Summons and Statement of Claim filed on October 22, 2014, against the Defendant is for the following judicial reliefs:-

“i.