MR. ADAMA TRAORE VS TONY ERADI & ORS
2024
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE JA (PRESIDING)
- GIFTY AGYEI ADDO JA
- CHRISTOPHER ARCHER JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Equity and Trusts
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal reviewed the case involving a land dispute between the Plaintiff and the Defendants, where an interlocutory injunction was granted by the trial High Court to restrain the 4th and 5th Defendants from altering or dealing with the land pending the resolution of the suit. The appeal by the 4th and 5th Defendants was dismissed, affirming the trial court's decision. The Plaintiff demonstrated some equitable interest in the land, raising serious legal questions. The injunction was seen as necessary to maintain the status quo and protect the Plaintiff from potential irreparable harm.
GIFTY AGYEI ADDO JA
INTRODUCTION
Per the notice of appeal filed on 12th November 2021, the 4th and 5th Defendants/Appellants herein appeal the ruling of the trial High Court, Accra, dated 29th October 2021, wherein they, together with all persons claiming through them, were restrained from dealing with the land, the subject matter of dispute “in any way or manner” pending the final determination of the suit, per an application for an order for interlocutory injunction sought by the Plaintiff/Respondent.
In this Appeal, we shall maintain the designation of the parties as in the court below, that is, the Plaintiff and Defendants, for ease of reference.
BACKGROUND
THE CASE OF THE PLAINTIFF
Per his amended writ of summons and accompanying statement of claim filed on 4th September 2020, the Plaintiff seeks inter alia an order of specific performance directed at the 1st Defendant for transfer of the land in dispute to him, which land is situate at Industrial Market Area Tema, upon the payment of the outstanding contract sum under their contact for the sale of the said land executed on 10th December 2019.
The gravamen of the Plaintiff’s case as gleaned from his amended statement of claim can be summed up as follows:
According to the Plaintiff, through the agency of the 2nd Defendant, the 1st Defendant executed a contract for the sale of the land in dispute in his favour on 10th December 2019. That although the consideration for the said land was pegged at USD650,000, the parties agreed to reduce the consideration to USD250,000 on paper for their mutual benefit. On the part of the Plaintiff, this was to reduce the legal fees payable to his lawyer and for the 1st Defendant this was to reduce the amount of stamp duty payable at the lands Commission in respect of the subject land.
The Plaintiff continues that the parties also drafted an engagement agreement to reflect the actual consideration of USD650,000. Pursuant to this, the Plaintiff states that he advanced an amount of USD155,000 to the 1st Defendant through the 2nd Defendant. That the said amount constituted part-payment for the purchase of the subject land and also that USD30,000 out of the part- payment was to assist the 1st Defendant procure an extension of the lease on the land for a further term of fifty years as the original lease with the 3rd Defendant was about expiring.
It is the further case of the Plaintiff that following the payment of the said consideration and the 1st Defendant having o