OFFEI OKRAKU v. MUSAH ABDULAI
July 17, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
July 17, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This civil action arose from a failed lease transaction over a Tudu, Accra family house. Offei Okraku alleged that Musa Abdulai, claiming family authorization, offered him a 25‑year lease for GH¢100,000 and instructed payments into Abdulai’s Stanbic Bank, Tudu, account. Okraku paid GH¢40,000 on December 20, 2016 and GH¢2,500 on December 22, 2016, attempted further payment in person, but Abdulai refused, said he was considering other options, and later admitted receipt of GH¢42,500. Abdulai’s version was GH¢200,000 for 20 years and that Okraku failed to make himself available; he also stated he had shared the money among family beneficiaries and the property was with a new lessee. Applying the Evidence Act and Conveyancing Act, the Court found Abdulai’s admissions and the pay‑in slips decisive, held Abdulai neglected to complete the deal, and ordered a refund with interest and GH¢5,000 costs, noting delays caused by changes of counsel.
JUDGMENT
i. Introduction:
[1] By a writ of summons issued on July 6, 2017 the Plaintiff claims against the Defendant the following reliefs:
a) Refund of an amount of GH₵42, 500.00 paid into Defendant’s account with Stanbic Bank, Tudu.
b) Interest on the said sum of GH₵42, 500.00 from 22nd December 2016 to the date of payment.
c) Cost including lawyer’s fees.
[2] After the service of the writ and its accompanying statement of claim on the Defendant, Appearance was entered after which a statement of defence was filed by the Defendant on July 27, 2017. The Plaintiff filed a reply to rebut the depositions in the statement of defence on August 28, 2017.
ii. Background Facts:
[3] The background facts gathered from the pleadings are different from the Plaintiff and the Defendant perspective. According to the Plaintiff sometime in December 2016, the Defendant informed him that he had the authority of other members of his family to grant a long lease of his family house at Tudu, Accra and therefore offered the Plaintiff the opportunity to take the lease. The Plaintiff says he and the Defendant negotiated and settled on an amount of the One Hundred Thousand Ghana Cedis (GH¢100,000.00) for a period of 25 years. Plaintiff says that following a verbal agreement between him and the Defendant for payment, he was instructed to pay an amount of GH¢60,000 into the Defendant’s Stanbic bank account at Tudu. The Plaintiff further contends that following the agreement the Defendant ostensibly removed the tenants and occupants from the said house but failed to grant him possession of the house.
[4] The Plaintiff says sometime in February 2017, after he had made failed attempts to meet Defendant and make final installment payment, he laid ambush near Defendant’s house and when Defendant emerged from his room, he went to him to give him the money but Defendant refused to accept the money on grounds that Plaintiff was not the only person who was interested in the property and that he the Defendant was considering other options. Plaintiff says that all efforts to get the Defendant to accept the money proved futile. Consequently, according to the Plaintiff he caused his lawyer to write to the Defendant to demand a refund of the first payment of GH¢42,500 that Plaintiff made to the Defendant but he failed to pay because the response from the Defendant’s lawyer was that he had already shared the amount of GH¢42,500 to his family members hence the law suit.
[5] The D