AYAMGA VRS AZURE & ANOTHER (UE/BG/DC/A1/01/2021) [2024] GHADC 38 (31 January 2024)

The court found that the land paid for by the plaintiffs is not the same as that covered by the draft lease, and the land offered was not fit for residential purposes. Therefore, the defendants must refund the purchase price and survey fees to the plaintiffs with interest.

Citation: AYAMGA VRS AZURE & ANOTHER (UE/BG/DC/A1/01/2021) [2024] GHADC 38 (31 January 2024)
Parties: Plaintiff: Ayamga Ategyella Gloria; Plaintiff: James Gbandan Konzabre; Defendant: Helena Azure; Defendant: Akagile Ayaarum
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 31 January 2024
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiffs in part
Legal Topics: Breach of Contract, Land Sale, Refund of Purchase Price, Fitness for Purpose
Source Language: eng

Contract Law Property Law Breach of Contract Land Sale Refund of Purchase Price Fitness for Purpose

Case Brief

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Parties

Ayamga Ategyella Gloria

Plaintiff

James Gbandan Konzabre

Plaintiff

Helena Azure

Defendant

Akagile Ayaarum

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the land covered by the draft lease document is the same as the land paid for by the plaintiffs
2 Whether the defendants are liable to refund the sum of GHC7,050 to the plaintiffs

Ratio Decidendi

Court Disposition

judgment for the plaintiffs in part

Orders

Defendants to refund GHC7,050.00 (purchase price and survey fees) to plaintiffs with interest at prevailing commercial bank rate from March 2015 until final payment (GHC6,500.00 by 1st defendant, GHC550.00 by 2nd defendant)
Plaintiffs' claim for current price of land and general damages dismissed