OSEI OWUSU ANSAH v. HFC BANK (GHANA) LTD AND O’SULLIVAN ESTATE LTD ACCRA

J U D G M E N T

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal by the Plaintiff/Appellant against a judgment of the High Court dated

19th February, 2020 in which the trial Court dismissed the claims of the Plaintiff and entered judgment for the Defendant/Respondent. The grounds of appeal filed on 24th

February, 2020 were as follows:

i. That the judgment is against the weight of evidence.

ii. The cost awarded by the learned judge against the Plaintiff is excessive.

iii. Additional grounds of appeal to be filed upon receipt of the copy of the judgment.

On the 23rd of July 2020, reference page 132 of ROA, the following additional grounds of

appeal were filed:

i. That the learned trial judge erred when he found that the Plaintiff/Appellant was given

vacant and peaceful possession of the land.

ii. That the learned trial judge erred when he found that the Plaintiff/Appellant failed to

protect his interest in the land.

iii. The learned trial judge erred when he found that the 1st Defendant/Appellant is not

liable to the Plaintiff /Respondent.

In this delivery, the Plaintiff/Appellant will be referred to as Plaintiff, and the Defendant/

Respondent, Defendant.

The facts of this case do not lend themselves to much controversy.

Plaintiff, is a chartered Auditor by profession and resident in Kumasi. The 1st Defendant

is a bank, while the 2nd Defendant is a company engaged in real estate. By a Deed of

Assignment dated 4th December, 2002, 2nd Defendant assigned all of its unexpired

interest in a piece of land described as Plot No. 15, Baatsona, and measuring about 0.2

acres to Plaintiff. Prior to the signing of the Deed of Assignment with 2nd Defendant,

Plaintiff dealt with the 1st Defendant and its subsidiaries with regards to discussions for

the Sale and payment of the land. Having paid the total purchase price of $10,880, and upon execution of the Deed of Assignment with 2nd Defendant, he was granted a Land

Title Certificate. He then commenced building of a 4 bedroom structure on the land and

by June, 2009, the building had been constructed up to lintel level. He thereafter travelled

out of the Jurisdiction. Upon his return on or about April, 2010, he discovered that his

building had been pulled down and a wall built around the land. He reported the maeer

to the police. He also notified the 1st Defendant who informed him of the pendency of a

Court case between the 2nd Defendant and another family over the land and advised him

to