Piere Etse Egbla v. Sampson Amoafa Adu and Captain Theodore Tekpor
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU JUSTICE
Areas of Law
- Contract Law
- Property and Real Estate Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought judicial reliefs including specific performance, damages, and injunctions against the Defendants due to a dispute over a property sale. The court found a binding and enforceable contract existed between the Plaintiff and 1st Defendant and declared the subsequent sale to the 2nd Defendant null and void. The court ordered specific performance of the original contract, restrained further transfers, awarded damages to the Plaintiff, and highlighted the importance of essential contract elements and the burden of proof in this case.
The Plaintiff herein suing per his Lawful Attorneyissued out this Writ of Summons against theDefendants for the following reliefs: i. A declaration that there is a binding andenforceable contract between the Plaintiff and 1stDefendant for the sale of the House on Plot No. 16 Gulf City, Tema to the Plaintiff.
A declaration that the sale of the House on Plot No. 16 Gulf City, Tema by the 1st Defendant to the 2nd Defendant is null and void.
An order for specific performance of the contract made between the Plaintiff and the 1st Defendant by delivery of possession to the Plaintiff of House on Plot No. 16, Gulf City, Tema.
An order of perpetual injunction restraining the 1st and 2nd Defendants or their agents, privies, assigns, workmen or anyone who so ever from transferring any interest whatsoever in the property.
v. Damages against the 1st Defendant for breach of contract.
Further or other order(s)as may be just in the circumstance including costs.
SUMMARY OF CASE THE PLAINTIFF’S CASE By an accompanying Statement of Claim, the Plaintiff averred that in the year 2011 around the month of August he negotiated with the 1st Defendant to purchase the house in dispute at Seventy-Five United States Dollars ($75, 000) or the cedi equivalent of One Hundred and Twenty Thousand Ghana Cedis(GHC120, 000. 00), to be paid by instalments Thereafter, he entered into a contract of sale with the 1st Defendant and then made a total payment of Seventy-Two Thousand Nine Hundred Ghana Cedis(GHC72, 900. 00) whereupon the 1st Defendant assured him not to worry about the remaining amount.
It is his case that there is an enforceable contract with the 1st Defendant but when he was about to effect the payment of the remaining balance of Forty-Seven Thousand, One Hundred Ghana Cedis(GH₵47, 100. 00) he got to know that the 1st Defendant was selling the house to the 2nd Defendant who was busily working on the house in dispute, hence this action.
THE 1ST DEFENDANT’S CASE In the 1st Defendant’s Defence filed on the 1st of March, 2012, his case is that he and the Plaintiff agreed that Plaintiff should pay 50% of the agreed purchase price upfront in August 2011 and pay the remaining amount in December, 20ll.
According to him, Plaintiff informed him that he (Plaintiff) was unable to pay the balance of the purchase price as agreed.
1st Defendant claimed that in the course of events he informed the Plaintiff he had to sell the house to a 3rd party to pay off his debts and refund Plaintiff