NANA KWADWO POKU v. MICHAEL ADUSEI
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A
Areas of Law
- Contract Law
- Property and Real Estate Law
- Equity and Trusts
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff acquired thirty-three building plots which the Defendant later resold without refunding the Plaintiff. The Plaintiff won in the High Court and the Defendant appealed. The appellate court upheld the trial court's decision, deeming the agreement's re-entry condition unconscionable and unenforceable while confirming that the allocation note cannot constitute a binding contract. Costs and damages awarded were also upheld, ensuring justice for the Plaintiff.
WELBOURNE, JA
This is an appeal against the judgment of the High Court, Kumasi, dated 1st June, 2016.
BRIEF FACTS:
The facts in this case are fairly simple and straightforward.
The Plaintiff/Respondent who is a Ghanaian by birth and nationality; but, domiciled in Germany, acquired about thirty-three (33) building plots of land from the Defendant/Appellant herein in accordance with ASHANTI CUSTOMARY LAND LAW AND PRACTICE in 2008. The said acquisition, which was free from all encumbrances, was reduced into writing. Customary drinks were provided to legitimize, validate, regularize and perfect the entire transaction. A site plan; allocation note and receipt were all issued by the Defendant to the Plaintiff after the Defendant had received substantial amount of money in the form of consideration. For some inexplicable reasons; the Defendant later sold the same building plots to third parties after collecting huge and fantastic amount of monies from the said third parties. The Defendant pocketed the proceeds from the sale to the third parties and failed to refund the Plaintiff/Respondent’s money back to him.
It is for this reason that the Plaintiff/Respondent herein instituted legal action
On the 20th day of September, 2012, the Plaintiff issued a writ at the High Court, Kumasi, claiming against the Defendant the following reliefs:
a. A Declaration that both the legal and equitable title/interest comprised in Plot Nos. 9, 10, 11 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, Block A are all exclusively and bonafide vested in the Plaintiff having duly acquired same from the Defendant’s family in due accordance with Ashanti Customary Law and Practice dated the 20th day of March, 2008.
b. Recovery of Possession.
c. Interlocutory/Perpetual/Permanent injunction.
d. General Damages for trespass.
After a full trial, judgment was given in favour of the Plaintiff/Respondent by the learned trial High Court Judge.
Aggrieved and dissatisfied with the judgment of the trial High Court judge, the Defendant/Appellant herein appealed to this Court on the following grounds:
1. The judgment of the Court below was against the weight of evidence.
2. The weight of evidence did not support the conclusion of the High Court of Justice that agreement voluntarily entered into by the Plaintiff/Respondent in the Allocation Note dated 20th March, 2008, cannot be enforced against him for breach of contra