ARCHIBOLD ATTO PAITOO VRS K.A. ESTATES LTD. & ANOR (CM/RPC/1060/2019) [2024] GHAHC 53 (7 May 2024)

ARCHIBOLD ATTO PAITOO VRS K.A. ESTATES LTD. & ANOR (CM/RPC/1060/2019) [2024] GHAHC 53 (7 May 2024)

The enforceable agreement between the parties is the subsequent refund agreement, not the original sale and purchase contract. Defendants are jointly and severally liable to refund US$110,000 to Plaintiff, as admitted in correspondence, with interest at 4% per annum from January 2018. Defendants' counterclaim fails as the original contract was terminated by mutual agreement.

Citation
ARCHIBOLD ATTO PAITOO VRS K.A. ESTATES LTD. & ANOR (CM/RPC/1060/2019) [2024] GHAHC 53 (7 May 2024)
Parties
Plaintiff: Archibold Atto Paitoo; 1st Defendant: K.A. Estates Ltd.; 2nd Defendant: Stephen Kofi Adjei
Court
ghahc
Jurisdiction
Ghana
Judgment Date
7 May 2024
Procedural Posture
Civil (commercial Division) / Final Judgment After Trial
Outcome
Judgment for Plaintiff; Defendants to refund US$110,000 with interest; counterclaim dismissed; no order as to costs.
Legal Topics
Sale and Purchase Agreement, Refund of Purchase Price, Specific Performance, Breach of Contract, Counterclaim, Interest on Debt
Source Language
eng
Contract Law Commercial Law Sale and Purchase Agreement Refund of Purchase Price Specific Performance Breach of Contract Counterclaim Interest on Debt

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Parties

Archibold Atto Paitoo

Plaintiff

K.A. Estates Ltd.

1st Defendant

Stephen Kofi Adjei

2nd Defendant

Procedural Posture

Civil (commercial Division) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the agreement for sale and purchase of Block A Flat A3 North Kaneshie was terminated
  2. 2 Whether Defendants are jointly indebted to Plaintiff in the sum of US$110,000
  3. 3 Whether Plaintiff is in possession of the disputed property

Ratio Decidendi

The enforceable agreement between the parties is the subsequent refund agreement, not the original sale and purchase contract. Defendants are jointly and severally liable to refund US$110,000 to Plaintiff, as admitted in correspondence, with interest at 4% per annum from January 2018. Defendants' counterclaim fails as the original contract was terminated by mutual agreement.

Court Disposition

Judgment for Plaintiff; Defendants to refund US$110,000 with interest; counterclaim dismissed; no order as to costs.

Orders

  • Defendants to pay Plaintiff US$110,000
  • Interest at 4% per annum from January 2018 until date of judgment