ROBERT BENJAMIN JACKSON VS ASAFOATSE IDIRISU LARTEY
2019
HIGH COURT
GHANA
CORAM
- JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over a land purchase agreement. The Plaintiff paid GH¢48,500.00 to the Defendant for land, which the Defendant claimed to own but failed to provide. After the Defendant showed three plots belonging to others and provided documentation from unknown entities, the Plaintiff sought a refund. When the Defendant failed to refund the money, the Plaintiff filed a lawsuit. The Defendant did not appear in court after being served, leading the Plaintiff to file for a default judgment. The court granted the motion, awarding the Plaintiff the full amount paid, interest from the due date, and costs. This judgment emphasizes the consequences of misrepresentation in property sales and the procedural aspects of default judgments in civil cases.
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