ROBERT BENJAMIN JACKSON VS ASAFOATSE IDIRISU LARTEY
November 5, 2019
HIGH COURT
GHANA
CORAM
- JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
November 5, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
On 3 July 2019, a plaintiff brought an action in the Ghana High Court against a defendant who had represented that he had land for sale. Relying on that representation, the plaintiff paid GH¢46,500 for the land and GH¢2,000 for documentation costs, with some payment linked to Bismillahi Properties & Trading Company Limited, an entity unfamiliar to him. The defendant later provided an un-executed indenture purportedly from Nii Iddrisu Tettey Mansro, the regent or acting chief of Appolonia, and showed three different plots that belonged to other people. After personal service of process, the defendant failed to enter appearance. On an ex parte motion, JUSTICE GIFTY AGYEI ADDO entered final judgment under Order 10 Rule 1 of C.I. 47, ordering a refund of GH¢48,500, interest at the current commercial bank lending rate from 1 January 2018, and costs of GH¢5,000.
The Plaintiff on 3rd July, 2019, instituted the instant action against the Defendant for the following reliefs as endorsed on the Writ of Summons and Statement of Claim: a. Recovery of the sum of GH¢48, 500. 00 paid to the Defendant for the purchase of land which the Defendant did not have.
b. Interest on GH¢48, 500. 00 calculated at the current bank rate from 1st January, 2018 to date of Final Payment.
The gravamen of the Plaintiff’s claim is contained in paragraphs 3 to 8 of the Statement of Claim, a summation of which is as follows: According to the Plaintiff, upon a representation made by the Defendant that he has land for sale, he paid to the Defendant the sum of GH¢46, 500. 00 for the purchase of the said plot of land and a further GH¢2, 000. 00 for the cost n the name of Bismillahi Properties & Trading Company Limited, an entity unknown to him and with which he had never transacted business.
of preparation of the documentation on the said transaction.
The Plaintiff further states that after making the payments aforesaid, the Defendant later issued a receipt for part of the amount i The Plaintiff continues that the Defendant subsequently delivered to him an un-executed indenture in respect of a parcel of land purported to be a grant from Nii Iddrisu Tettey Mansro, the regent or acting chief of Appolonia, who is also unknown to him and with whom he had had no dealing.
The Plaintiff further avers that after receipt of the monies aforementioned, the Defendant showed him three separate plots of land as that which was being sold to him, but they all turned out to belong to some other persons.
The Plaintiff concludes that based on the conduct of the Defendant herein, the representation he made that he had land to sell to him was false.
That on realising that the Defendant had no land to sell to him, he made several demands, including a letter from his lawyer, for a refund of monies paid to the Defendant but to no avail.
That it is for the aforementioned averments that he has mounted the instant action.
Per the records of the Court, the Writ of Summons and Statement of Claim were served personally on the Defendant on 20th July, 2019. Per the records of the Court also, the Defendant has to date failed to enter appearance.
On 24th October 2019, the Plaintiff as Applicant, through his attorney, filed a Motion Ex Parte for final judgment in default of appearance against the Defendant.
Having had regard to the affidavit in support of the application a