MERCY DAITEY VS COMET PROPERTIES LTD.
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SHEILA MINTA
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment, authored by Her Ladyship Justice Sheila Minta, concerns Dorcas Mensahs attempt to recover a deposit paid to Comet Estates for House No. 5 at Comet Gardens, Hill City, Accra. Although the 2008 offer letter denominated the purchase price in Ghana cedis, a subsequent disclaimer (acknowledged in testimony) set instalment payments in U.S. dollars, and the company receipted Mensahs payments in mixed currencies: US$8,000 and GHS7,320. After falling ill, Mensah demanded a refund in June 2013. Comet Estates accepted the principle of a refund but made no payment, arguing it would refund only after selling the property and resisting USD refunds. Applying the Evidence Acts burden standards, documentary proof, and equitable principles, the court held the defendant must refund in the same denominations as paid and awarded interest from July 2013 at prevailing commercial bank rates, rejected a 15% legal fee claim, and awarded costs to Mensah.
INTRODUCTION
The Plaintiff, a retired nurse ordinarily resident in the United Kingdom sought to purchase a three (3) bedroom house from the Defendant, a Real Estate Company at some agreed price and for which some initial deposit was made by her to the Defendant.
The house was to be built in twelve (12) months from date of acceptance of the offer.
Sometime after the required deposit of 25% was made, she fell ill and could not continue with the purchase so she requested for a refund of the said deposit in June 2013. Meanwhile the Defendant having accepted to refund has failed to refund anything at all.
Being unwell and still in the United Kingdom, Plaintiff gave a Power of Attorney to one Ebenezer Tettey to pursue the matter on her behalf.
The Defendant’s position is that it only received the sum of GHS30, 000. 00 which was the 25% of the agreed purchase price of GHS120, 000. 00 and therefore denied owing Plaintiff the sum endorsed on the Writ.
SUMMARY OF PLAINTIFF’S CASE The parties sometime in 2008 entered into an agreement for the purchase of a three (3)bedroom (CPL) House No. 5 Nana Osei Yentumi Street, Comet Gardens, Accra at an agreed sum of GHS120, 000. 00. Per the terms of the agreement the Plaintiff was required to make an initial down payment 25% and Plaintiff paid US$15, 320 for that purpose.
Plaintiff averred that shortly after this payment she fell in the United Kingdom so realizing the subsequent payments was going to be a problem, on 19th June, 2013 she wrote to the Defendant for a refund of the said payment made.
But till date the Defendant has failed to do so hence the issuing of a Writ of Summons and Statement of Claim against the Defendant for the following reliefs: -a. An order for the recovery of the sum of Fifteen Thousand Three Hundred and Twenty United States Dollars (US$15, 320. 00). b. An order for the recovery of interest on the said sum from 19th June, 2013 till date of payment.
c. Cost including Lawyers’ fees assessed at 15% of the aggregate sum due and payable under the claim.
Plaintiff’s Exhibits In support of Plaintiff’s case the following documents were tendered in evidence: 1. Exhibit “A” - Power of Attorney dated 9th December, 2013. 2. Exhibit “B” - Offer Letter by the Defendant dated 16th July, 2008. 3. Exhibit “C” - Receipt issued by Defendant to Plaintiff dated 16th July, 2008 for US$8, 000. 00 payment received.
4. Exhibit “C1” – Receipt of Defendant dated 12th September, 2008 for GHS3, 660. 00 payment receiv