FOSU VRS AGYAPONG 2 OTHERS (1/4/2023) [2024] GHADC 469 (1 July 2024)

FOSU VRS AGYAPONG 2 OTHERS (1/4/2023) [2024] GHADC 469 (1 July 2024)

1st Defendant lacked capacity to sell the property as it was family property not distributed; Plaintiff failed to prove consent of other Defendants; 1st Defendant perpetrated fraud by purporting to sell property he had no authority over; Plaintiff entitled to damages for fraud against 1st Defendant, but not to specific performance or recovery of possession.

Citation
FOSU VRS AGYAPONG 2 OTHERS (1/4/2023) [2024] GHADC 469 (1 July 2024)
Parties
Plaintiff: Augustine Fosu; 1st Defendant: Yaw Agyapong; 2nd Defendant: Kwaku Kyei; 3rd Defendant: Kofi Charles
Court
ghadc
Jurisdiction
Ghana
Judgment Date
1 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claims against 2nd and 3rd Defendants dismissed; Plaintiff's claim against 1st Defendant for fraud succeeds.
Legal Topics
Land Sale, Fraud, Intestate Succession, Bona Fide Purchaser, Damages, Specific Performance
Source Language
eng
Property Law Contract Law Civil Procedure Land Sale Fraud Intestate Succession Bona Fide Purchaser Damages +1 more

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Parties

Augustine Fosu

Plaintiff

Yaw Agyapong

1st Defendant

Kwaku Kyei

2nd Defendant

Kofi Charles

3rd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether 1st Defendant had capacity to sell the disputed property
  2. 2 Whether Defendants perpetrated fraud on Plaintiff
  3. 3 Whether Plaintiff is entitled to specific performance or damages

Ratio Decidendi

1st Defendant lacked capacity to sell the property as it was family property not distributed; Plaintiff failed to prove consent of other Defendants; 1st Defendant perpetrated fraud by purporting to sell property he had no authority over; Plaintiff entitled to damages for fraud against 1st Defendant, but not to specific performance or recovery of possession.

Court Disposition

Plaintiff's claims against 2nd and 3rd Defendants dismissed; Plaintiff's claim against 1st Defendant for fraud succeeds.

Orders

  • Damages for fraud against 1st Defendant in favour of Plaintiff: GHS 40,000.00 with interest at 24.8% per annum from 2nd November 2021 until final payment.
  • Plaintiff's costs assessed at GHS 15,000.00 against 1st Defendant with interest at 24.8% per annum from judgment until final payment.