Nana Adjei v. Roland G. Kudoto and Hajia Nafisa
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP REBECCA N. S. SITTIE (MRS) ‘J’
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff, having paid most of the agreed price, claims ownership of a building and land at Oyarifa sold by 1st Defendant, who then fraudulently resold it to 2nd Defendant. 1st Defendant alleges payment failure; 2nd Defendant claims bona fide purchase. Court finds in favor of Plaintiff, establishing he paid for the property, and that 1st Defendant conducted fraudulent activities. Plaintiff is deemed the bona fide owner, entitled to recovery and damages. Court evaluates claims and counterclaims based on the principles of Contract, Property, and Evidence Law.
By an amended Writ of Summons and Statement of Claim filed on 18th April, 2013Plaintiff sued the Defendants for the following reliefs: a. A declaration that Plaintiff is the true and proper owner of the three bedroom building and plot of land at Oyarifa which Plaintiff purchased from 1st Defendant.
b. A declaration that any sale or purported sale of the said property by 1st Defendant to 2nd Defendant is null and void.
c. An order for recovery of possession directed at the 2nd Defendant to vacate the said premises and land thereof at Oyarifa.
d. An award of damages against the 1st Defendant for his conduct and breach of contract.
e. Costs.
f. Any other order(s) that the court sees fit to award.
The original writ was filed on 21st March, 2013. At the close of pleadings the issuesset down for trial are: 1. Whether or not the Plaintiff is the owner of the three bedroom building at Oyarifa? 2. Whether or not the 1st Defendant intentionally and fraudulently transferred the said house to the 2nd Defendant? 3. Whether or not 2nd Defendant was diligent in purchasing the three bedroom house at Oyarifa? 4. Whether or not the Plaintiff paid the GH¢22, 000. 00 in bulk? 5. Whether or not 1st Defendant gave to the Plaintiff two (2) bedroom building which was gabled, walled and gated and had a man hole in addition to a walled and gated plot of land in full settlement of the house in dispute? 6. Any other issues arising from the pleadings.
On the 15th July 2015 leave was granted to amend Plaintiff’s name on the Writ ofSummons and Statement of Claim by the 22nd July 2015, but at the time of writingthis judgment nothing had been filed.
Under Order 16 r 8, where the Court makesan order giving a party leave to amend and the party fails to amend in accordancewith the order before the expiration of the date specified for that purpose theorder shall cease to have effect.
Brief on case Plaintiff through some family members entered into an oral purchase agreementfor a three bedroom uncompleted house at Oyarifa at lintel level from the 1stDefendant on some terms in January 2010. Plaintiff was to pay the sum of twenty-two thousand Ghana Cedis (GH¢22, 000. 00) in three instalments.
The Plaintiff whois resident in the United Kingdom came down to find the house completed andoccupied by someone Plaintiff later got to know was 2nd Defendant.
The 1stDefendant offered to replace Plaintiff with another uncompleted house and awalled plot which Plaintiff accepted with conditions.
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