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JUDGMENT
JUDGMENT
By a Writ of Summons and Statement of Claim filed on 25th November, 2021
Plaintiff claims against Defendants the following reliefs:
a) ‚Declaration that the Defendant fraudulently misrepresented to
Plaintiff that it would sell unencumbered land to the Plaintiff;
b) An Order of this Court piercing the veil of incorporation to hold the
2nd, 3rd and 4th Defendants personally liable to the Plaintiff;
c) Recovery of the sum of Forty-Two Thousand Ghana Cedis from
Defendants;
d) Interest on the said amount of Forty-Two Thousand Ghana Cedis from
November, 2020 until time of final payment;
e) Damages for breach of agreement;
f) Cost including legal fees.‛
It is the case of Plaintiff that 1st Defendant fraudulently misrepresented to him
that he would sell to him land that is not encumbered when he knew he had
no such land and he relied on the said misrepresentation to his detriment. He
says that sometime in the year 2018, he was introduced to the 1st Defendant
which was at the time offering land for sale in a promotion. According to him,
he purchased a plot of land for GHȼ10,000.00 and the Defendant initially gave
him land at Papase near Kotoku but when he took his Surveyor to the land, he
was informed that the land belonged to someone. He says that when he
informed Defendant, he conceded and offered to change the land for him
which he obliged. The Defendant then sent him to a land at Kuntunse but
indicated that the price of the new land was GHȼ35,000.00 so Plaintiff had to
pay a top up of GHȼ25,000.00. Plaintiff however says that one Michael Boakye
who had paid an amount of GHȼ5,000.00 to the Defendant lost interest in
transacting with Defendant so he decided to transfer the money he paid to the
Plaintiff’s account with the Defendant which meant that Plaintiff had to top
up with an amount of GHȼ20,000.00 instead of the GHȼ25,000.00.
Plaintiff says that he paid the top up and an amount of GHȼ2,000.00 for a Site
Plan to be prepared for him which was prepared and handed to him.
According to Plaintiff, he bought a trip of sand and deposited at the site and
not long after someone came to lay adverse claim to the land which he
reported to the Defendant. He says that again Defendant conceded and
offered to replace the land, so Defendant took him to a land Pobikofe where
he paid another GHȼ1,500.00 for preparation of site plan which was done. He
says that upon investigations, he found that the land at Pobikofe was also
encumber