Mrs. Georgina Baah and Anor v. Mrs. Victoria Assah Offei

This High Court decision, by Justice G. S. Suurbaareh (Additional High Court Judge), concerns competing claims to land following an aborted first sale and a subsequent resale. The 1st Plaintiff sold the land to the Defendant in 2004 for a252 million old cedis, accepting a235 million and withholding an indenture pending receipt of title documents from her grantor. The Defendant prepared a site plan, took possession by maintaining a caretaker and materials, and later fixed a metal gate. In 2007, the 1st Plaintiff resold the land to the 2nd Plaintiff, who received an assignment and began development, leading to a police complaint after demolition by the Defendant. The court found no evidence of repeated demands or warnings; time was not of the essence. Applying nemo dat and part performance doctrines, the court held the 1st Plaintiff could not abrogate and resell; the Defendant’s counterclaim was granted. The Defendant was declared owner, while the 1st Plaintiff was entitled only to the unpaid balance with interest up to July 2007, plus costs against the Plaintiffs.