REV. ERIC AMPOFO & ANOTHER v. JONES OFORI ATTA & ANOTHER
2015
COURT OF APPEAL
GHANA
CORAM
- OFOE JA (PRESIDING)
- ADUAMA OSEI JA
- WELBOURNE (MRS.), JA
Areas of Law
- Contract Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the Plaintiffs sought to restrain the Defendants from entering or acting upon a parcel of land in Accra, and claimed damages for trespass. The Plaintiffs contended they owned the property, but the 1st Defendant, who built the house, asserted that he was directed to sell the property due to incomplete payment. The 2nd Defendant claimed to be a bona fide purchaser. The trial court held in favor of the Plaintiffs and dismissed the Defendants' counterclaims. The 1st Defendant appealed. The appeal was dismissed as the court held procedural rules must be adhered to ensure fairness and justice, and any relief not pleaded prior would not be granted if it results in an injustice to the opposing party.
ADUAMA OSEI
In this judgment, the Plaintiffs/Respondents will be called “the Plaintiffs”, and the Defendants/Appellants will be called “the Defendants”.
By their writ of summons issued in the Fast Track Division of the High Court, Accra, on the 28th of January, 2013, the Plaintiffs sought an injunction order to restrain the Defendants from entering upon or doing anything on a parcel of land situate at Achimota in Accra, and containing an approximate area of 0.09 acre. They also claimed damages for trespass against the Defendants in respect of the said parcel of land.
In the statement of claim that accompanied the writ of summons, the Plaintiffs asserted ownership of the disputed land and the house constructed thereon and explained that the house had been constructed on the land for them by the 1st Defendant under a building contract. They alleged that even though the 1st Defendant had duly conveyed the disputed land with the house thereon to them, the 2nd Defendant had been visiting the property and had been claiming ownership of the same, alleging a purchase from the 1st Defendant as the basis of his claim. The Plaintiffs disputed any claim to ownership of the disputed property by the 1st or 2nd Defendant and contended that having conveyed the property to them, the 1st Defendant had no power to sell the same to the 2nd Defendant. They therefore claimed as a remedy, the reliefs indorsed on their writ of summons.
In his statement of defence, the 1st Defendant admitted having been contracted by the Plaintiffs to build the disputed house for them. He gave the cost of the building together with the land as GH¢150,000.00, out of which the Plaintiffs had paid GH¢110,000.00. He explained however that when he asked for the balance from the Plaintiffs, they asked him to sell the property and pay their investment in it to them and he accordingly procured the 2nd Defendant to purchase same. However, as the 1st Defendant alleged, after the 2nd Defendant had purchased the property, the Plaintiffs changed their minds about the sale and at the same time refused to pay the balance outstanding on the cost of the building. He accordingly proceeded to prepare documents on the disputed property for the 2nd Defendant and put him in possession. The 1st Defendant went ahead to counterclaim for a declaration of title to the disputed property, general damages, and an order declaring that the Plaintiffs were only entitled to recovering the amount they paid to the 1st Defendant