NANA ASARE BEDIAKO vs STEPHEN AGYEI MENSAH

BACKGROUND

The Plaintiff’s claims against the Defendant are for;

a) Recovery of the total market value of all that Plot No. 45 ‘B’, South Tanoagya, Tanoso and the property thereon as assessed by the Valuer per the Valuation Report dated 04-04-2024.

b) Recovery of the 100 cement blocks which the Plaintiff paid for, to the Defendant or payment of its current market value.

c) General Damages.

d) Cost.

This is for commencement of trial.

COUNSEL FOR DEFENDANT

My Lady, at the last sitting, the Defendant was given opportunity to engage a valuer. Myclient informed me that he engaged someone and the market value as quoted by the Plaintiff, if even it will vary, the variation would be minimal and as such the Defendant would haveto accept same.

DEFENDANT

Counsel for Defendant’s intimations to the Court was interpreted to the Defendant present in Court in Twi language and he confirmed that what his Counsel intimated to the Court is the case.

Counsel for Defendant therefore prays the Court for judgment to be entered in favour of the Plaintiff.

Counsel holding brief for Plaintiff concurs that judgment be entered in their favour.

BY COURT

After hearing both Counsel, judgment is hereby entered in favour of the Plaintiff;

For recovery of the total market value of all that Plot No. 45 “B” South Tanoagya, Tanoso and the property thereon assessed by the Valuer per the valuation report dated 4th April, 2024 at One Hundred and Fifty Eight Thousand One Hundred and Twenty Five Ghana Cedis (Ghs 158,125.00).

Both the Plaintiff and the Defendant agree that in respect of relief (B), an order be made for the Plaintiff to recover same. Both the Plaintiff and the Defendant agree that regarding relief (C), general damages and relief (D), cost, the Court should award in the Plaintiff’s favour, Five Thousand Ghana Cedis (Ghs 5,000.00).

In the circumstance, the Court hereby awards an amount of Five Thousand Ghana Cedis (Ghs 5,000.00) in respect of general damages and cost to the Plaintiff.

The Court further orders that the Plaintiff recovers the one hundred (100) cement blocks or payment of its current market value from the Defendant.

(SGD)

JUSTICE JOYCE BOAHEN

HIGH COURT JUDGE

5TH MAY,2025