OBAAPANYIN NKETAA ADWOA v. MICHAEL DONKOR
2012
COURT OF APPEAL
GHANA
CORAM
- S.K.MARFUL-SAU, J.A(PRESIDING)
- C.J.HONYENUGA, J.A
- DENNIS ADJEI, J.A
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Constitutional Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a dispute over the sale of a cocoa farm originally cultivated under an abunu tenancy on land owned by the Respondent. After the farm was partitioned, the Appellant sought to sell his portion; the Respondent complained to the Paramount Chief of the Aowin Traditional Council at Enchi, who accorded her the first option to buy. At the chief’s palace, the parties orally agreed to a price of ¢20,000,000 (GH¢2,000), and the Respondent paid ¢5,500,000 (GH¢550). A dispute ensued over whether one-third of the price should be paid to the Omanhene under local custom and when the balance was due. The High Court at Sefwi Wiawso dismissed the Respondent’s claim but entered consequential orders on the counterclaim, including payment of the balance. Writing for a unanimous Court of Appeal, Dennis D. Adjei JA held that although the transaction fell within the customary exception to section 2 of the Conveyancing Act, the agreement was unenforceable because the parties were not ad idem on essential terms and the Respondent had not shown readiness to perform. The court set aside the High Court’s judgment and ordered refunds.
DENNIS ADJEI, J.A.
On 16th February, 2010 the High Court Sefwi Wiawso dismissed all the reliefs endorsed on the Plaintiff’s writ of summons and entered judgment for the defendant for all these reliefs. The court however, gave judgment for the plaintiff in respect of reliefs (a) and (c) of the counter claim and further gave judgment in respect of relief (b) of the Counter claim in favour of the defendant. The defendant/appellant aggrieved by the decision of the High Court Sefwi Wiawso filed an appeal to this court on 4th May, 2010 praying for the reversal of the judgment .
The brief facts of the case were that the Plaintiff/Respondent hereafater referred to in this appeal ‘as Respondent’ gave a parcel of land to the Defendant/Appellant hereinafter referred to in this appeal as appellant to cultivate on abunu tenancy. After the cocoa had matured the parties herein partitioned the farm into two and each of them took his/her portion. It came to the notice of the Respondent that the Appellant was selling his portion of the farm to a prospective buyer and the Respondent dissatisfied with that decision lodged a complain with the paramount chief of Aowin Traditional Council at Enchi . The chief and his elders heard the complaint and came to the conclusion that the Respondent should be given the first option to buy as ownership of the land on which the cocoa trees were situate was vested in her. The Appellant offered to sell it to Respondent at ¢20,000,000(GH¢2,000.00) and the Respondent also accepted to buy it. The Respondent made a part payment of GH¢550.00 to the Appellant and according to the Appellant the remaining amount of GH¢1,450.00 was to be paid to him by the Respondent within two weeks. The Respondent too said that the transaction took place in August and she was supposed to have fully paid the remaining amount to the Appellant within two months, that was in October. Another pertinent issue raised by the Respondent was that in accordance with the custom of the people of Aowin whenever a stranger sells land in the area, the Paramount chief is entitled to one third of the purchase price and by virtue of that she paid one third of the purchase price of the Respondent’s Cocoa farm to the Paramount chief of Aowin. The Appellant however disagreed with the Respondent and said that the total amount of GH¢ 2,000.00 was to be paid to him.
The grounds of appeal filed in the Appellant are as follows:
“(i) That the judgment is against the weight of evidence on r