PROPHET DANIEL NKANSAH vs MR. ADAM SAFIANA
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE PATRICK BAAYEH (J)
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Prophet Daniel Nkansah sued Mr. Adam Safiana on 13 November 2023 to enforce a property sale agreement dated 22 September 2023 and restrain interference with nine properties. Safiana entered appearance, filed a defence, and counterclaimed for refund of GH¢2,030,000, interest, and costs, alleging Nkansah misrepresented ownership and denied access. On 18 March 2024, Safiana sought summary judgment on the counterclaim. The High Court (Justice Patrick Baayeh) found Nkansah’s reply/defence to the counterclaim—filed ten weeks after service without leave—a nullity, but proceeded under Order 14 CI 47. Reviewing Exhibit AS3 and Lands Commission searches (AS5), the court concluded Nkansah represented the properties as his yet none were registered in his name and he failed to disclose any capacity to sell, with some properties in dispute. Finding no triable issues and invoking equity, the court granted summary judgment, awarding GH¢2,030,000 with interest from 3 November 2023 and GH¢50,000 costs.
Plaintiff/Respondent sued the defendant/Applicant (now referred to as defendants on 13th November, 2023 claiming the underlisted reliefs; a. An order of the court compelling the defendant to honour and comply with the terms of the agreement dated 22nd September, 2023 by rendering payment of the outstanding balance of initial deposit to plaintiff b. An order of the court restraining the defendant, his representatives and assigns from entering or interfering with any of the said landed properties/buildings captured in the agreement until the terms of the agreements are complied with, and subsequently pending the final determination of the suit.
The defendant duly entered appearance and also filed his statement of defence.
Defendant also counterclaimed for; i. An order directed at the plaintiff to pay defendant the total amount of two million and thirty thousand Ghana Cedis (Ghc2, 030, 000. 00)
ii.Interest on the said amount from the date payment to the date of judgment.
Cost including legal fees.
Any other or further orders as the court may deem fit.
In the instant application filed on the 18th March, 2024, defendant is seeking an order of this court to enter summary judgment against the Plaintiff in respect of his counterclaim.
The basis of defendant’s application is contained in his supporting affidavit and supplementary affidavits.
It is the case of the defendant that the Plaintiff has failed to file a defence to his counterclaim which was served on the plaintiff on 15th January, 2024. That he entered into an agreement with the plaintiff to buy some landed properties that Plaintiff offered to him (See Exhibit AS2 series). That on 22nd September, 2023 the parties reduced their agreement into writing and duly executed it (See Exhibit AS3). It is defendant’s case that at various times he made payments totaling Ghc 2, 030, 000 to the Plaintiff which were receipted by issuing receipts to defendant (Exhibit AS4 series) which payments the Plaintiff admitted in paragraph 7 of his statement of claim.
It is defendant’s case that he refused to pay the remaining amount stipulated in the agreement when he found out that the plaintiff had misrepresented himself as the owner of the properties in the agreement when in fact he was not (See search reports Exhibit AS5 series). That in addition the Plaintiff refused him access to any of the properties.
That in the agreement executed by the parties Plaintiff represented himself as the owner of the properties.
It is