EAGLES CHURCH (A11/13/2022) [2024] GHADC 216 (29 February 2024)

Plaintiff established entitlement to refund of part payment and expenses incurred as 1st defendant sold land without authority and failed to grant replacement land; 2nd defendant not bound by settlement documents and claim against him dismissed.

Citation: EAGLES CHURCH (A11/13/2022) [2024] GHADC 216 (29 February 2024)
Parties: Plaintiff: Eagles Assembly Church; 1st Defendant: Tettey Bediako Mansro; 2nd Defendant: Unknown (1 Anor)
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 29 February 2024
Procedural Posture: Civil / Final Judgment
Outcome: Judgment for plaintiff against 1st defendant; claim against 2nd defendant dismissed.
Legal Topics: Land Sale, Refund of Purchase Price, Burden of Proof, Agency, Interest on Judgment Debt
Source Language: eng

Property Law Contract Law Civil Procedure Land Sale Refund of Purchase Price Burden of Proof Agency Interest on Judgment Debt

Case Brief

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Parties

Eagles Assembly Church

Plaintiff

Tettey Bediako Mansro

1st Defendant

Unknown (1 Anor)

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether plaintiff is entitled to recovery of Gh₵71,263.00 or alternatively four plots of land
2 Whether plaintiff is entitled to reliefs against both defendants

Ratio Decidendi

Court Disposition

Judgment for plaintiff against 1st defendant; claim against 2nd defendant dismissed.

Orders

1st defendant to pay Gh₵71,263.00 to plaintiff with interest at prevailing commercial banks’ lending rate from February 2016 until payment.
Plaintiff awarded costs of Gh₵20,000.00.