Arhin Vrs Ahenmah [2022] GHADC 153 (17 October 2022)

Arhin Vrs Ahenmah [2022] GHADC 153 (17 October 2022)

The Plaintiff failed to prove, by documentary or credible corroborative evidence, that he purchased the two adjacent plots of land as claimed. The evidence only established purchase of the plot on which he is building and the one behind it, not the adjacent plot. The 1st Defendant, having received consideration, must regularize the sale of those two plots. Both the Plaintiff's claims and the Defendants' counterclaims for injunction and damages were dismissed, except for the order to regularize the sale and an award of costs against the Plaintiff.

Citation
[2022] GHADC 153
Parties
Plaintiff: Ebenezer Arhin; 1st Defendant: Ekua Ahenmah; 2nd Defendant: Odiifo Noah
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 October 2022
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's claims dismissed; Defendants' counterclaims dismissed except for order to regularize sale; costs awarded against Plaintiff.
Legal Topics
Specific Performance, Sale of Land, Agency, Burden of Proof, Counterclaim, Injunction
Source Language
English
Land Law Contract Law Specific Performance Sale of Land Agency Burden of Proof Counterclaim Injunction

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Parties

Ebenezer Arhin

Plaintiff

Ekua Ahenmah

1st Defendant

Odiifo Noah

2nd Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the disputed land belongs to the 1st Defendant
  2. 2 Whether the 2nd Defendant was the agent of the 1st Defendant for the sale
  3. 3 Whether the Plaintiff purchased two plots of land through the 2nd Defendant

Ratio Decidendi

The Plaintiff failed to prove, by documentary or credible corroborative evidence, that he purchased the two adjacent plots of land as claimed. The evidence only established purchase of the plot on which he is building and the one behind it, not the adjacent plot. The 1st Defendant, having received consideration, must regularize the sale of those two plots. Both the Plaintiff's claims and the Defendants' counterclaims for injunction and damages were dismissed, except for the order to regularize the sale and an award of costs against the Plaintiff.

Court Disposition

Plaintiff's claims dismissed; Defendants' counterclaims dismissed except for order to regularize sale; costs awarded against Plaintiff.

Orders

  • 1st Defendant to regularize the sale to Plaintiff of the two plots (the one with Plaintiff's building and the one behind it) by executing a deed of indenture within 30 days of receipt.
  • Plaintiff to pay costs of GH¢2,000 to Defendants.